🚗 Defending Your Rights Against Unreliable DUI Tests in Florida
If you’ve been stopped for suspected DUI in Fort Lauderdale, Miami, or anywhere in South Florida, it’s essential to know your rights. Field Sobriety Exercises (FSEs), blood tests, and breathalyzer results can all be flawed—and your future may depend on how those tests are challenged in court.
📊 Florida DUI Snapshot: According to FLHSMV, Florida sees over 32,000 DUI arrests each year, many involving flawed roadside tests, unrecorded interactions, or unreliable evidence.
🧠 Understanding “Normal Faculties” in DUI Cases
Florida DUI cases revolve around whether alcohol or drugs impaired your normal faculties—your ability to:
- See and hear clearly
- Maintain balance and coordination
- Make sound decisions
- React appropriately while driving
The judge will instruct the jury that any impairment of these faculties may justify a DUI conviction—even without a high BAC.
❓ What Is Considered Impairment in Florida?
In Florida, impairment means a reduction in normal faculties due to alcohol or drugs. You can be arrested for DUI even if your BAC is below 0.08%.
🚨 Common Causes of DUI Impairment:
- ✔ Alcohol (even under the legal limit)
- ✔ Prescription medications (even if taken as prescribed)
- ✔ Illegal substances (marijuana, cocaine, etc.)
- ✔ Over-the-counter drugs (Benadryl, cold meds, etc.)
Arrested for DUI in Fort Lauderdale or Anywhere in South Florida?
👮 Field Sobriety Exercises (FSEs) in South Florida
In Florida, impairment means a reduction in normal faculties due to alcohol or drugs. You can be arrested for DUI even if your BAC is below 0.08%.
⚖️ Common FSEs:
- Horizontal Gaze Nystagmus (HGN) – Looks for involuntary eye movement
- Walk-and-Turn – Tests balance and focus
- One-Leg Stand – Evaluates motor skills and instruction-
📉 These tests are subjective and often performed under poor conditions (e.g., roadside noise, traffic, uneven pavement).
🚫 Challenging DUI Tests in Fort Lauderdale
A skilled DUI defense lawyer may challenge the results of:
- Improperly administered FSEs
- Faulty breath or blood testing equipment
- Video footage that doesn’t match officer reports
- Medical conditions that mimic impairment (e.g., vertigo, fatigue)
🔏 Implied Consent & Refusing DUI Tests in Florida
Under Florida Statute § 316.1932, all drivers consent to chemical testing (breath, urine, or blood) if lawfully arrested for DUI.
❌ Penalties for Refusing a DUI Test:
- First Refusal: 1-year license suspension
- Second Refusal: First-degree misdemeanor
- Up to 1 year in jail
- 12 months of probation
- $1,000 fine
⚙️ DUI Testing Methods:
- Breath Test – For alcohol detection
- Urine Test – For drug impairment
- Blood Test – Only used in serious injury, hospitalization, or felony DUI cases
🧩 DUI Defense Strategies That Work
At Michael White, P.A., we defend clients across Fort Lauderdale and South Florida using proven strategies, such as:
- ✔ Challenging FSE procedures and conditions
- ✔ Contesting Implied Consent advisement
- ✔ Raising alternative explanations (e.g., medical conditions)
- ✔ Suppressing unlawfully obtained test results
🏆 Recent DUI Case Results
- ✅ Case Dismissed: Client refused breath test; charges dropped due to improper stop.
- ✅ Reduced Charge: DUI reduced to reckless driving after questioning officer’s probable cause and performance of FSEs.
💬 DUI Defense FAQ – Fort Lauderdale & South Florida
Q: Can I be arrested for DUI if I blow under 0.08%?
A: Yes. You can still be charged if officers believe your normal faculties were impaired.
Q: Can I be arrested for DUI if I blow under 0.08%?
A: No. You may refuse FSEs without automatic penalties, though refusal may still be used against you.
Q: Can I be arrested for DUI if I blow under 0.08%?
A: Your license may be suspended and you could face criminal charges, especially if this is not your first refusal.
Q: Can I be arrested for DUI if I blow under 0.08%?
A: No. Testing conditions, equipment, and officer errors can all affect reliability—and a good defense lawyer knows how to expose those flaws.
📞 Call (954) 270-0769 for a FREE Case Evaluation
🚨 Don’t Wait—Your Defense Starts NOW! 🚨
