Can a DUI Be Dismissed in Florida? 7 Ways to Beat Your Case

Yes, DUI charges can absolutely be dismissed in Florida. It happens more often than most people realize. A DUI arrest does not equal a DUI conviction. Between the traffic stop, the field sobriety exercises, the breath or blood test, and the arrest itself, there are dozens of points where law enforcement must follow specific rules -- and when they don't, the evidence can be thrown out and the charges dropped.

Here are the seven most common ways DUI cases get dismissed or beaten in Florida courts.

1. Unlawful Traffic Stop

Every DUI case starts with a traffic stop. And every traffic stop must be supported by reasonable suspicion -- the officer must have a specific, articulable reason to believe a traffic law was violated or criminal activity was occurring.

If the officer stopped you because you were "driving slowly," "in a bar district at 2 a.m.," or based on a vague hunch, the stop itself may be unconstitutional. When a stop is unlawful, everything that flows from it -- the field sobriety tests, the breath test, the arrest -- gets suppressed. Without that evidence, the State typically cannot prosecute the case.

Common unlawful stop scenarios include:

• Stopping a vehicle based solely on an anonymous tip without corroboration
• Stopping a vehicle for weaving within a single lane (not crossing lane markers)
• Pretextual stops where the officer's real reason was a hunch about impairment
• Checkpoint stops that don't follow required procedures

2. Improper Field Sobriety Testing

The National Highway Traffic Safety Administration (NHTSA) publishes detailed, standardized procedures for administering field sobriety exercises. There are only three "standardized" tests: the Horizontal Gaze Nystagmus (HGN) eye test, the Walk-and-Turn, and the One-Leg Stand. Each test has specific instructions, specific conditions, and specific scoring criteria.

When officers deviate from the standardized procedures, the results become unreliable and can be challenged. Common problems include:

• Administering tests on uneven, sloped, or poorly lit surfaces
• Giving incorrect or incomplete instructions
• Scoring clues that don't exist in the NHTSA manual
• Failing to account for medical conditions, injuries, age, weight, or footwear
• Using non-standardized tests (finger-to-nose, alphabet, counting) as primary evidence

3. Breath Test Errors

Florida uses the Intoxilyzer breath testing instruments for evidentiary breath tests (the ones done at the station, not the portable roadside device). These machines must be properly maintained, calibrated, and operated. When they're not, the results can be challenged.

Key areas to challenge breath test results:

• 20-minute observation period: The operator must continuously observe you for 20 minutes before testing to ensure you don't burp, belch, vomit, or put anything in your mouth. If the observation period wasn't properly conducted, the test result may be inadmissible.
• Instrument maintenance and calibration: Breath testing instruments require regular maintenance and inspection. Maintenance logs, agency inspection records, and calibration data are all discoverable. Irregularities create reasonable doubt about accuracy.
• Operator certification: The person administering the test must have a current permit from FDLE. An expired or invalid permit means the test may not be admissible.
• Mouth alcohol: Acid reflux (GERD), recent dental work, or residual alcohol in the mouth can cause falsely elevated readings.
• Radio frequency interference (RFI): Electronic devices near the breath testing instrument can potentially interfere with results.

4. Blood Test Issues

When a blood draw is involved (typically in accident cases or when a breath test isn't feasible), the chain of custody and testing procedures must be airtight. Challenges include:

• Improper blood draw: The draw must be performed by qualified medical personnel using an alcohol-free swab. Using an alcohol swab to clean the skin before the draw can contaminate the sample.
• Chain of custody: The blood sample must be properly labeled, stored, transported, and analyzed. Any gap in the chain creates doubt about whether the sample tested was actually yours and was uncontaminated.
• Fermentation: Improperly stored blood samples can ferment, producing alcohol that wasn't in your blood at the time of the draw. Sodium fluoride and potassium oxalate preservatives must be present in proper amounts.
• Lab errors: Gas chromatography analysis is the gold standard, but labs make mistakes. Technician errors, contaminated equipment, and analytical errors all happen.

5. Rising BAC Defense

Alcohol takes time to absorb into the bloodstream. If you had drinks shortly before driving, your BAC may have been below .08 when you were actually behind the wheel -- and then rose to .08 or above by the time you were tested at the station, which could be 30 minutes to over an hour after the stop.

The legal question under F.S. 316.193 is whether you were impaired at the time of driving, not at the time of testing. The rising BAC defense uses the timing of your last drink, the delay between the stop and the test, and pharmacokinetic science to demonstrate that your BAC was below the legal limit when you were actually driving.

6. No Actual Physical Control

To convict you of DUI under F.S. 316.193, the State must prove you were driving or in actual physical control of a vehicle while impaired. If you were parked, sleeping in your car, sitting in the passenger seat, or the keys weren't in the ignition, the State may not be able to prove this element.

Factors courts consider include:

• Where in the vehicle you were located
• Whether the engine was running
• Where the keys were (ignition, your pocket, elsewhere)
• Whether the vehicle was in a travel lane or legally parked
• Whether there was evidence you had recently driven

If the evidence shows you made the responsible decision to sleep it off rather than drive, this can be a powerful defense.

7. Constitutional Violations

Beyond the traffic stop, other constitutional protections may come into play:

• Miranda violations: If you were in custody and being interrogated without Miranda warnings, your statements may be suppressed.
• Right to counsel: In some circumstances, denial of access to an attorney can affect the admissibility of evidence.
• Speedy trial: Under Florida law, the State must bring a misdemeanor DUI case to trial within 90 days (or 175 days for a felony). If they don't, you can demand speedy trial, and the State has a very short window to try the case or it gets dismissed.
• Illegal search: If officers searched your vehicle without consent, probable cause, or a warrant, any evidence found (like open containers or drugs) may be suppressed.

The Bottom Line: Every DUI Case Has Weak Points

No DUI case is airtight. Every arrest involves human judgment, mechanical instruments, and procedural requirements -- all of which can fail. The question isn't whether your case has weaknesses; it's whether your attorney has the training and experience to find them.

With over 10 years as a criminal defense attorney, 6 years as a Florida State Trooper, 6 years as an Orange County Deputy Sheriff, and certification as a NHTSA DUI Detection Instructor, I bring a perspective that most DUI attorneys simply don't have. I've been on both sides of DUI investigations, and I know where the cracks are.

If you've been charged with DUI in Central Florida, don't assume a conviction is inevitable. Call for a free consultation and let me review the evidence in your case.