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Defense Against DUI Charges

Posted by Fred Koberlein, Jr. | Dec 19, 2015 | 0 Comments

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 Charges of driving under the influence, or DUI, can be very difficult to defend. While juries are supposed to be impartial, it's difficult for them to not bring prejudices to the table, since everyone has experience with drinking, with driving, and many people even with driving when they shouldn't. Since technology has come so far, juries also tend to buy into the results of tests. That being said, it's not impossible to defend a DUI case. Here are some strategies a qualified attorney might use in defense against DUI charges.

Defend against the Arrest

Generally, a DUI arrest starts with a driver being pulled over due to the officer believing they've seen abnormal driving — speeding, weaving, failure to stop at a light or obey a sign, etc. The problem with this is that these behaviors can be due to other factors; a comedy bit on the radio could make you laugh, causing you to weave. You may have simply forgotten to turn on your headlights.

If your lawyer can show that there was another reason for your driving and show that you cooperated with the officer when pulled over, this can be a first step in defending your DUI. Of course, there are other things to consider, such as the results of your field sobriety test.

Challenge the Test Results

The field sobriety test is used to give the officer probable cause to arrest you for DUI. These tests, while generally considered fairly accurate, are not foolproof. If your attorney can show, for example, that your heel-toe walking test was on uneven ground, or that there were other reasons for your eye test to fail (such as feeling intimidated by the officer) the results can be called into question.

Question the BAL Test Results

The BAL (breath alcohol level) test, or blood alcohol level results, are some of the most difficult against with to defend. These are obtained through a breathalyzer, urine or blood sample. In Florida, a BAL of .08 or higher is considered impaired. In general, police are very careful in how they go about obtaining these results. It can sometimes be done, but requires proving defective technology or that there may have been alcohol in your mouth from a recent drink and that the breathalyzer was inaccurate as a result.

Hire an Attorney

If you face a drunk driving charge in Florida, the last thing you should do is try to defend yourself. There are so many pitfalls, and DUI is not only difficult against which to defend, it carries very serious penalties that can include thousands of dollars in fines and months in prison as well as the loss of your driving privileges.

Always secure the services of a criminal defense lawyer if you face charges of DUI. An attorney can make sure that you have a valuable and expert ally making sure your rights are protected. If you have been arrested on suspicion of driving under the influence, we are here to help. Take some time to read about the services we provide and how we can help fight for your rights, then give us a call today for a consultation of your case in defense against DUI charges or email us through our contact page.

About the Author

Fred Koberlein, Jr.

Fred Koberlein is a trial attorney who opened Koberlein Law Offices after acquiring extensive legal experience in three legal practice areas, which are: personal injury law; criminal defense; and local government matters which require you to appear or present your matter before your local government Boards, government Councils, and government Agencies. Mr. Koberlein began trial preparation through an externship as a legal clerk with the Judges of the Third Judicial Circuit for Florida prior to his graduation from the University of Florida, College of Law.  After law school Mr. Koberlein was dedicated to becoming a trial attorney and worked with the Public Defender's Office from 2004 to 2007, where he was promoted to handling felony cases within eight months of hire.  Mr.  Koberlein has handled over 1500 criminal cases ranging from possession of cannabis, DUI, serious felonies, white-collar crimes, violations of probation hearings, and countless motion hearings. Mr.  Koberlein began practicing in the areas of personal injury and insurance defense during 2006.  Mr. Koberlein's experience in prosecuting personal injury claims against those insurance companies he was not representing and defending other insurance companies and their customers provided a unique experience where he was able to learn what each side anticipates from the opposing party.Next, Mr. Koberlein was hired by a City to defend the City's interests and three additional Cities quickly followed and retained Mr. Koberlein to protect their interests.  Currently, Mr. Koberlein represents a total of four (4) municipalities in the North Florida area.  As Mr. Koberlein focused on civil litigation he remained passionate about representing individuals charged with misdemeanor and felony crimes as well as civil litigation issues. Mr.  Koberlein has the experience and reputation to negotiate a favorable resolution in your matter, and if that is not possible, to provide the best, most zealous trial representation available.  Utilizing competent and trusted investigators and experts, your case will be prepared so that the best result will be achieved.  If you or a loved one is hurt, damaged, or is facing criminal charges, you want a qualified, hard-working attorney who will explain your options to you in a straightforward, commonsense, and honest manner. Education and Practice Experience: University of Florida; Gainesville, Florida; Bachelor of Science, 1997 University of South Florida; Tampa, Florida; 1998 University of Florida, College of Law; Gainesville, Florida; 2003 Bar and Court Admissions: Florida Bar, 2004 – Present All 67 Counties in Florida All 20 Circuits in Florida U.S. District Court, Middle District of Florida U.S. District Court, Northern District of Florida Professional and Civic Activities: Florida Bar Trial Lawyers, 2007 – Present Florida Bar Business Law Section, 2007 – Present Florida Bar Criminal Law Section, 2004 – Present Florida Association of Criminal Defense Lawyers, 2004 – Present Third Judicial Bar Association, 2004 – Present Mr.  Koberlein is committed to his clients and devotes himself to protecting their interests from the beginning to the end of their case.  Mr. Koberlein has spent his career helping clients defend themselves against criminal charges, fight insurance companies, and proceed through the bureaucratic process of local governments.  Mr. Koberlein welcomes the opportunity to meet with you and evaluate your legal needs and provide you with an experienced and competent analysis.

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