Can You Beat DUI Charges in Fort Myers “On a Technicality?”

If you’re facing DUI charges in Fort Myers, you might be wondering whether there are any “legal loopholes” that can help you avoid penalties. Perhaps you believe that there is some kind of technicality that you can exploit to walk free. But is this really possible? What kind of strategies might involve these loopholes or technicalities? These are questions you should discuss with your Fort Myers DUI defense lawyer.

Did the Arresting Officer Properly Calibrate the Breathalyzer Machine?

One technicality you might be able to exploit involves the Breathalyzer machine that officers tend to use to determine BAC levels on the road. These devices are actually quite complex, and officers must properly calibrate them before each use.

If your arresting officer failed to follow the proper steps during this calibration process, the breath test result might be unreliable. This could potentially cast doubt on the legitimacy of your DUI charges. Your arresting officer might have never received the proper training to calibrate or use the device, which could cast similar doubt on the final BAC result.

Was There a “Wheel Witness?”

The wheel witness defense is another common strategy used by DUI defendants in Florida. In the Sunshine State, prosecutors must present a “wheel witness” who can establish that you were in actual control of the vehicle while intoxicated. If they can’t find a wheel witness, it may become incredibly difficult to prove your guilt beyond a reasonable doubt.

This “technicality” could become particularly useful if officers arrived at the scene to find you sitting outside your damaged vehicle after crashing. If no one actually saw you operating the vehicle, your intoxication levels might be something of a moot point.

Did Something Other Than Alcohol Affect Your Chemical Test?

Another potential loophole you could exploit involves substances other than alcohol that might have affected your chemical test. Although it might seem surprising, all kinds of medications, drinks, and other substances can cause you to fail a Breathalyzer. One notable example is kombucha, which could potentially cause a “false positive” result.

All kinds of medications can also “fool” the device, including asthma medication, NyQuil, and cough syrup. Another potential substance that could affect the test is breath spray or mouthwash.

Constitutional Violations

If the arresting officers violated your constitutional rights, you may also avoid DUI penalties. This is one of the most common “technicalities” that defense lawyers seek to exploit in DUI cases, and it could apply to your situation.

Can a Fort Myers DUI Defense Attorney Help Me? 

Your Fort Myers DUI defense attorney may be able to exploit various “technicalities” when fighting for your rights. Although there are various possibilities, it makes sense to match your defense strategy with your specific circumstances. Your lawyer can review your unique situation and determine which option might be most effective. Contact The Foley & Wilson Law Firm today to learn more about your next steps.

Source:

 leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html