Have you been arrested for a DUI charge in South Florida? Unfortunately, this happens to some very good people. The good news is that .08 or higher does not always mean guilty. With the help of an experienced DUI attorney, it is possible to win a DUI with .08 or higher, a positive drug test or even with blood evidence. Driving under the influence of DUI requires fast action on your part so that your license will not be suspended. A DUI charge in Florida will usually generate 2 separate cases. The first is filed with the Department of Motor Vehicles while the other is a criminal court case. Florida DUI law requires that you file for an administrative review of your license suspension within 10 days of your arrest for a DUI or you will lose your driving privilege. You should contact a Florida DUI attorney immediately to protect your rights. The criminal case and the civil license suspension are two separate cases and any suspension issued by either the court or the Department of Motor Vehicles will run separate and apart from the other. Just like any other criminal case, a DUI case begins with your arraignment. You will be asked to enter a plea of guilty or not guilty. A plea of not guilty will give your lawyer time to obtain discovery and review the facts of the case so your lawyer can establish a basis for your defense. In Florida, a written plea of not guilty and waiver of arraignment is usually acceptable and you may not have to appear in court for the arraignment. There are many strategies available that your lawyer can use as a defense to a DUI charge. These are not simply theoretical defenses, but rather defenses that work in the right situation. Your lawyer may, for example, argue lack of probable cause for the traffic stop. This means there was no legal basis to stop you. If that is the case, your lawyer would submit a motion to suppress any evidence that the police obtained when you were pulled over. All evidence resulting from the initial stop could be suppressed meaning the State can not use that evidence in a trial or hearing. It is also possible to argue unreliable BAC results. There is substantial litigation in Florida on this very issue. The BAC stands for blood alcohol test which is used to test if the person's alcohol level has reached the maximum limit which makes him or her unsafe to drive a vehicle. There are multiple issues surrounding the manner in which the Intoxilyzer 8000 generates its result. If your lawyer can prove that the test was not properly administered, the equipment used was not properly maintained or you have a medical condition that may have an impact on the reliability of the test, the test results may be excluded from trial. Another tactic is simply to watch the DUI video and compare the actual incident against the officer's report. If your lawyer is able to question the police officer and prove there are inconsistencies in their testimony compared with the video and the police report they filed, you might have a chance of getting a not guilty verdict in trial. If things are not working in your favor and everything was done by the book, then your criminal defense lawyer may advise you to accept a favorable plea agreement. Doing so may get you reduced charges or sentencing concessions with the State Attorney. However, at least in Broward County, the State is unlikely to negotiate a reduced charge in a solid case for the State. All roads end in court. If you can not get a reduced charge and you are advised that you have a strong case, you may want to proceed to trial. Make sure that your attorney has experience not just handling DUI cases, but also trying DUI cases. There is a difference between holding somebody's hand to enter a plea of guilty and a lawyer that actually takes cases to trial. Hiring a criminal defense lawyer gives you your best opportunity to beat a DUI charge. If you prevail on the DUI charge, you might be able to have the charges expunged from your record. The Law Offices of Michael A. Dye, P.A. is a criminal defense law firms that represents individuals in Broward County, Florida who have been charged with DUI, drug charges and other serious criminal offenses. Mr. Dye has successfully tried many DUI cases in both jury and bench trials.