Below is a sample list of possible challenges in a DUI case.  Remember, however, that each case is unique.  Your attorney will establish which of the many challenges below apply to you after a careful review of the facts and circumstances surrounding your particular case.

Motions To Dismiss (generally):

• Officer did not have a valid reason to pull you over (for example, weaving inside your lane is not enough to justify a stop in Florida)
  
• Initial stop was made as a result of uncorroborated information supplied by an unreliable civilian witness
• Officer did not have enough probable cause to detain and/or arrest you.
• Prosecution cannot establish the required element that you were the driver of the vehicle or that you were in actual physical control (no wheel witness)
  
• Violation of right to counsel
• Officer interfered or did not make a reasonable effort to provide you with the right to obtain an independent blood test.
  
• Prosecutor did not timely file - Statute of limitations expired
  
• Defective charging document
• Facts are insufficient to support a finding of guilt beyond a reasonable doubt of all elements necessary to convict for DUI
• Violation of speedy trial right

Motions to Suppress Evidence (generally):

• Suppression of statements for violation of 5th Amendment Miranda rights
• Supression of field sobriety exercises for failure to obtain voluntary consent (coercion)
  
• Suppression of refusal to submit to field sobriety tests
• Suppression of the results of the HGN test (eye test) as it was not administered by a certified drug recognition expert
• Suppression of all evidence gathered after your right to counsel attached and the officer failed to advise you of that right
• Suppression of the evidentiary breath/blood/urine test on the grounds the officer failed to properly advise you of the implied consent warnings
  
• Suppression of the evidentiary breath/blood test on the grounds you expressed confusion regarding the implied consent warnings and the officer failed to clarify those warnings  (Confusion doctrine)
  
• Suppression of the evidentiary breath/blood/urine test on the failure of the officer interfering with your right to obtain an independent blood test

Florida DUI Breath Test Challenges:

• The breath test was improperly administered
• The breath test operator was not certified
• The machine was broken or malfunctioning
• The 20 minute observation period was not adhered to
• Human factors interfered
  
• You had something in your mouth prior to or during testing
• Failure to conduct another observation period after an invalid sample
• Radio frequency interference
• Elevated body temperature produced invalid results
• The presence of acetone skewed the results (such as if you are a diabetic)
• Failure to provide maitnenance documents (discovery violation)

Florida Blood Test Challenges:

• The phlebotomist was not trained properly
• A breath test was not impracticable or impossible under the circumstances and no accident causing serious bodily injury occured
  
• Proper blood draw procedures were not followed
• Defects in the chain of custody
  
• Tainted or contaminated sample
• Failure to properly preserve or store sample
• The prosecutor cannot prove that the sample of blood is yours