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I really was drunk. Should I just plead guilty?
The potential consequences of a misdemeanor or felony DUI are huge. The prosecution must prove the case against you "beyond a reasonable doubt." There are many extenuating circumstances that may swing your case in your favor, like a technicality.
Possible Technicalities to Reduce or Defeat a Florida DUI Charge
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Illegal DUI Checkpoints: Without evidence of a valid traffic stop, all evidence seized thereafter is inadmissible and the case cannot proceed. Read more in the Florida DUI Checkpoint Manual
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DUI Video Missing in Action: DUI Video is frequently used by cops in their investigations. The video camera is usually located somewhere near the interior driver’s rear-view mirror. Many police agencies have specific policies for the operation of the in-car video systems. There are also policies in place for the handling of the media that has been created.
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DUI Field Sobriety Tests: Refusal to submit to Field Sobriety Tests Suppressed are not always used against the Defendant at trial.
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Breath Test Refusal: Refusal to submit to the Breath Test is not always used against the Defendant at trial.
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DUI Breath Test Results Below a 0.08: If your BAC was between 0.05 and 0.08 you may be able to give the jurors the following specific instruction:
"If you find from the evidence that the defendant had a blood or breath alcohol level in excess of 0.05 but less than 0.08, you may consider that evidence with other competent evidence in determining whether the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired." unless you are an under age defendant.