Musca Law DUI Overview

With each Tampa DUI case, a wide range of defenses exist. Drunk driving law is especially complicated and there are lots of different ways to get a dismissal. Some defenses will provide you with an outright acquittal of the charges, while others will enable you to knock out important evidence that might lead to a conviction. Tampa DUI defense is complicated. Having a Tampa DUI lawyer that will explore the different options is absolutely important.

Musca Law DUI defense will help you explore all of the available options to determine which might be right for your case. Though this is not a complete list of every way to defend against a DUI, it is a nice sample of arguments we can use in your favor.

Refusal To Allow Testing

Refusal to submit to chemical testing can be defended on several grounds. Even though you imply your consent to testing when you sign up for a Florida driver’s license, the arresting officer must still warn you of your implied consent after you refuse to take the test. Likewise, a driver must willfully refuse to take the test if the refusal is used as evidence. This defense can suppress state evidence that might have otherwise had a negative impact on your case.

Blood Test Issues

A good Tampa DUI lawyer can argue a wide range of different possibilities with the blood test, and if the state has not appropriately handled the tests, a dismissal may be in order. The state must keep the blood tests on file for re-testing by the defense and it must take the blood under proper conditions. Likewise, there are issues with swapped or tainted blood samples that skilled Tampa DUI attorneys can argue to the court.

Urine Test Issues

We know that a good Tampa DUI attorney can argue the problems pertaining to a urine test. These tests are unreliable for measuring blood alcohol content and expert testimony can indicate their unreliability in pinpointing drug consumption. False positives can often arise with these murky tests, and Musca Law will work to turn those uncertainties in your favor.

Breath Test Issues

Florida uses the Intoxilyzer 8000 to measure blood alcohol level. Musca Law can help you fight the results of a breath test based upon the inherent flaws of that test. Oftentimes, either through natural error or human error, the machine can offer a reading that is less than accurate. Certain medical conditions or physical ailments can cause a false high reading. Also, the test is known to be biased against some women. There are many different ways to get around a breath test result that may seem at first to create a hopeless situation.

Improper Traffic Stop

This defense gets to the heart of the matter, and can lead to a dismissal right away. Regardless of the other facts, the arresting officer must have probable cause to stop you or else he violates your 4th Amendment rights. We can argue that the traffic stop itself was improper and that the officer had no probable cause to pull you over in the first place.

In addition to these DUI defenses, Musca Law also handles property damage, manslaughter, defense for women, formal hearing review, controlled substance arrests, boating under the influence, commercial vehicle DUI, juvenile DUI and DUI roadblock issues. If you need help for one charge or many, contact us today.