DUI Overview

Each Miami DUI case has its own spectrum of potential defenses. In Florida, the drunk driving laws are particularly complicated, thus there are variously different directions one could pursue in order to get a dismissal. While some defenses mightl provide you with an outright acquittal of the charges, others may enable you to cause important evidence against you that might lead to a conviction, to become excluded from the case, meaning it cannot be used as evidence against you. Miami DUI defense is complicated, and takes particularly cometent and experienced attornies. At Miami DUI lawyer you will find several f such-type attornies who willl be able to explore the different options, which is so absolutely important.

Musca Law DUI defense will work with you and help you to explore all of the available options to determine a customized defense-strategy to fit your own unique our case. Though this list is not a complete, it does offer to you a nice sampling of arguments that we can use in your favor.

Refusal To Allow Testing

The refusing of the submission to chemical-testing has several possible defenses. Though you may have “implied your consent”to testing when you signed up for a License to Drive in Florida, the arresting officer has to exspressly warn you of your implied consent once you have refused to take the test. The obverse is also true- a driver must consciously choose to refuse to take the test, if the refusal is to be used as prosecutorial-evidence. Such a defense can suppress (not allow) state evidence that might have hurt your case had it been allowed to be introduced.

Blood Test Issues

If you have allowed a blood-test to be done on you, a good Miami DUI lawyer can argue from a wide range of various possibilities concerning the blood test, and if the state has not appropriately handled the tests (chain-of-evidence, hygienic environment, etc.) a dismissal may be forthcoming. The state must meet certain standards regarding the keeping of the blood tests on file for re-testing by the defense and it must take(draw) the blood under proper conditions. In some cases, there are legitimate issues with swapped or tainted blood samples that skilled Miami DUI attorneys can argue to the court.

Urine Test Issues

Everyone understands that a good Miami DUI attorney can argue the problems and defenses associated with a urine test. These tests have been proven to be unreliable for the degree of accuracy necessary to bring a conviction, and by measuring blood alcohol content along with expert testimony, their unreliability in pinpointing drug consumption can be indicated. False positives have also often been issues which arise due to the very murkiness of the law. Musca Law will work to turn those and possibly other uncertainties toward your favor.

Breath Test Issues

The State of Florida currently employs the use of the “Intoxilyzer 8000″ to measure blood alcohol level (BAC). Musca Law can help you defend yourself and fight the results of this breath testing device based upon the inherent flaws of that particular testing device itself. Oftentimes, either through natural error or human error, the testing-machine can produce a reading that is somewhat less than accurate. There are medical medical conditions as well as physical ailments which can cause a false (too-high) reading. Also, the test is widely percieved and arguably documented to be biased against some women. There are several options available to Musca Law clients to get around or mitigate the damage from a breath test result that may at first have seemed to have degraded into a hopeless situation.

Improper Traffic Stop

With the “Improper Traffic Stop” defense, your Musca Law attorney strikes directly to the heart of the matter, which can lead to an almost-instant dismissal. Independent of any other facts and-or evidence, the arresting officer must have probable cause to stop you or else he violates your 4th Amendment rights. Musca Law can argue that the traffic stop itself was not a “proper stop” and that therefore the officer had no probable cause to pull you over to begin with in the first place.

In addition to these DUI defenses, Musca Law also handles property damage, manslaughter, defense for women, formal hearing review, controlled substance arrests, boating under the influence, commercial vehicle DUI, juvenile DUI and DUI roadblock issues. If you need help for one charge or many, contact us today.

Musca Law stands beside you no matter what.