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Michael A. Gottlieb, P.A.
“Out of the Box” Defense Strategy
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What are some defense options for a DUI after an arrest?

If you are driving a commercial vehicle at the time of a traffic stop and are found to be driving under the influence of alcohol or drugs, you could be in deep trouble with the law. You will likely lose your license, and you will be disqualified from driving a commercial motor vehicle for at least a year if you are convicted of the crime. To make matters worse, you will not be eligible for a hardship license. That means that you might lose your job and that the conviction could end up affecting your family.

The best way to prevent this from happening is to make sure that you defend yourself from the moment that you are stopped at the scene. Commercial drivers only have to have a blood alcohol concentration of 0.04 percent to receive a DUI.

This is unlike other drivers who can have a BAC of up to 0.08 percent, so having just half that limit can threaten your job and livelihood. Refusing to give a breath sample can also result in penalties in Florida, so make sure you understand your rights before you deny or allow a test to be performed.

There are some options that you have to defend yourself with after an arrest. You could try to explain that the officer did not give your blood alcohol test correctly, or you could claim that the officer had no reason to pull you over and therefore had no right to give you a test. You may also be able to show that the test was inaccurate or choose from one of several other defenses that can help you have your case thrown out of court.

Source: Florida Highway Safety and Motor Vehicles, "Driving Under the Influence (DUI)," accessed Nov. 03, 2016

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