DUI Defense Attorney
DUI cases are complicated even for an attorney to understand. The cases involve medical issues, constitutional issues, and scientific evidence. Even if you think the State has an open and shut case against you, there may be defenses an experienced lawyer can use to minimize the effect of the arrest on your life.
At The Burns Law Firm in Pensacola, Florida, we offer a free initial consultation to evaluate your case. We represent people on both the Florida and Alabama Gulf Coasts who have been accused of driving under the influence of alcohol or drugs.
Did Police Have a Legal Reason to Stop You?
One of the first issues we will examine is whether the police violated your constitutional rights in making the stop. To legally stop you a police officer needs probable cause that you committed a crime (such as witnessing you speeding or swerving). If the stop was illegal, all evidence gathered after the stop (including blood test results) can be suppressed.
Was the Breathalyzer Machine Accurate?
We all know that machines can fail. However, when a breath test machine fails, it can have a devastating effect on your life.
Florida uses the Intoxilyzer 8000 breath test machine. On at least three occasions last year, the machine was noncompliant with Florida law. If the State does not have a working and compliant machine when you are tested, those results can be suppressed. Even if you refused to take a breath test, that refusal can be suppressed if the State did not have a compliant machine at the time you refused.
Were You Legally Intoxicated?
To convict you of driving under the influence, the State must prove to a jury beyond a reasonable doubt that you were impaired due to drugs or alcohol. However, not every individual has the same set of faculties. Proving that you were impaired may not be an easy thing for the State to do.