Driving under the influence (DUI) charges are relatively common in Florida. People get arrested after car crashes or during police enforcement efforts. A driver convicted of a DUI offense is at risk of incarceration, fines and a driver's license suspension.
Even those who plead guilty to cooperate with the state might face significant penalties for a first DUI offense. For some people, fighting their pending DUI charges is the best solution available. For others, trying to avoid going to court at all might be the better option.
Do the Florida criminal courts ever dismiss first-time DUI cases?
Some cases are stronger than others
Police officers gather everything they can find to establish that someone broke the law. In many cases, the evidence supporting DUI allegations may include video footage of someone's driving, video footage of their field sobriety test results and chemical test results if they submitted to a breath test.
Most or all of that evidence could become inadmissible in cases where police officers conducted illegal traffic stops or otherwise violated the rights of an individual motorist. The exclusionary rule is an important form of protection based on the Fourth Amendment.
If a defense attorney can establish that the evidence the state has gathered is the result of illegal police behavior or a violation of an individual's rights, prosecutors may not be able to use that evidence. In the scenario involving an illegal traffic stop, the courts may have to exclude any conversations people had with police officers, field sobriety test results and chemical breath tests.
Without that evidence, there may not be any case. The courts may have to dismiss the pending charges because there is no way to prove that a crime occurred without using evidence gathered through violation of an individual's rights.
What about DUI court?
Florida does have several alternative courts that offer support for those struggling with substance abuse disorders. However, the Florida DUI Court program prioritizes those with repeat DUI offenses. Those who have an alcohol issue may qualify for pretrial diversion through the DUI courts, which might result in the dismissal of a pending DUI charge. A first DUI offense is unlikely to qualify a driver for DUI court.
Reviewing the evidence that the state has and the circumstances leading to a recent DUI arrest with a skilled legal team could help an individual evaluate their options. Every DUI case is unique, and some defendants might be able to seek the dismissal of their pending charges with the right support.