Musca Law DUI Overview

There are a wide range of defenses for driving under the influence (DUI) in Sarasota. The DUI laws are very particular. There are different ways to achieve a dismissal of charges or to have the evidence thrown out.  Defending a DUI case is complex and should only be handled by a qualified and experienced Sarasota DUI attorney who will explore all of your possible defense options. There are a number of different ways to defend a DUI in Sarasota. These are just a few:

DUI Test Refusal

When you refuse to take a urine, breath or blood test on a DUI stop, there are automatic penalties levied against you. There are, however, several defenses for a DUI test refusal. All of the rules and regulations regarding the stop must be followed carefully by the law enforcement officer. For example, you must deliberately refuse to take the DUI test if your refusal will be used as evidence in the case. Any mistakes by the police officer or state trooper could result in evidence being thrown out or charges being dismissed.

Blood Testing

Although many people think that DUI blood tests seal the fate of a guilty verdict in a Sarasota DUI case, this is not true. If the blood test procedure was not handled properly, the evidence may be disqualified from use in your case. The state must take the sample under specific conditions and must keep certain information on file for use by the defense. There are also possibilities of a mix-up with blood samples that can be argued in court by experienced and knowledgeable Sarasota DUI lawyers.

Urine Testing

DUI urine testing is often considered by experts to be unreliable and inaccurate. They may report false positives and cannot determine important details in controlled substance DUIs. Musca Law can make these weaknesses in the prosecutor’s case the strong points in your case.

DUI Breath Tests

The use of the Intoxilyzer 8000 for BAC measurement is not foolproof. There are possibilities of human error, illness or physical changes that can trigger false positives and make the results unreliable. DUI breath tests are biased against females. Before you assume that a breath test over the legal limit of .08 is hopeless, contact Musca Law.

Traffic Stop Procedures

When you are stopped under suspicion of DUI and later arrested, there are a host of procedures that must be followed by the law enforcement official. The officer or trooper must have probable cause to pull you over and detain you.  Your 4th Amendment rights may have been violated. If mistakes are made during the traffic stop, the charges against you could be dropped or reduced.

Musca Law covers a variety of DUI and criminal cases, including defense for women, DUI checkpoints, juvenile DUI, administrative hearings, manslaughter, property damage and controlled substance arrests. Whether you face one charge or several, contact us today to set up a consultation appointment.