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  • Writer's pictureErin Speyer, Esq

DUI in Florida: Debunking Common Myths

Driving under the influence, popularly known as DUI, is a topic rife with misconceptions. These myths can often distort public perception, misguide individuals who find themselves facing charges, and oversimplify the complex process surrounding DUIs. As a defender with deep roots in Florida's legal system, I am here to dispel some of these myths and shed light on the truth.


Myth 1: A DUI Charge Guarantees Conviction

Reality: Being charged with a DUI does not equate to an automatic conviction. Multiple factors come into play, such as the accuracy of the sobriety tests, the legality of the traffic stop, and the credibility of the evidence. With a skilled attorney by your side, these factors can be scrutinized to ensure you get a fair trial.


Myth 2: DUI Checkpoints Are Unavoidable

Reality: While DUI checkpoints are legal in Florida, the police are obligated to publicize them in advance. Also, officers cannot pull over drivers at these checkpoints without a valid reason. If you are stopped without cause, it may be a violation of your rights.


Myth 3: Breathalyzers Are Always Accurate

Reality: While breathalyzers are a common tool in DUI arrests, they are not infallible. Calibration issues, operator errors, or even certain medical conditions can result in inaccurate readings. If there's any doubt about the accuracy of a breathalyzer test, it can be contested in court.


Myth 4: A DUI Only Involves Alcohol

Reality: DUI stands for "Driving Under the Influence." This means it's not just about alcohol. Prescription drugs, over-the-counter medications, and illegal substances can impair one's ability to drive and lead to a DUI or DWI charge.


Myth 5: It's Impossible to Defend a DUI Charge

Reality: Every case has its unique set of circumstances. Factors like the arresting officer's conduct, the accuracy of the sobriety tests, and the timing of the arrest can all influence the outcome. With the right defense strategy, it's entirely possible to challenge a DUI charge.


Conclusion

DUIs, like all legal matters, are far more complex than they appear on the surface. Falling prey to common myths can be detrimental to individuals facing charges. It's essential to seek factual information and, if ever in doubt, consult with a legal professional who can offer clarity, guidance, and representation.

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