Challenging Evidence in Impaired Driving Cases

DUI & DWI Defense in Orlando for drivers facing license suspension and impaired driving charges

Florida DUI law creates both administrative license suspension through the Department of Highway Safety and Motor Vehicles and criminal prosecution through the state attorney's office, requiring defense on two separate tracks with different deadlines and procedures. Drivers arrested for DUI have ten days to request a formal review hearing to challenge the license suspension, or their driving privilege is automatically suspended for a minimum period based on prior DUI history and breath test results. Stacey Marquez defends clients in Orange County and Palm Beach County DUI cases, evaluating breath test validity, field sobriety test procedures, and traffic stop legality to identify weaknesses in the state's evidence.

DUI charges are proven when the prosecution establishes that the driver was in actual physical control of a vehicle and was impaired by alcohol or drugs to the extent that normal faculties were impaired, or had a blood alcohol concentration of 0.08 or higher. Defense strategy challenges whether the traffic stop was lawful, whether field sobriety tests were administered according to standardized procedures, and whether breath or blood test results are reliable given machine calibration records and operator certification.

Arrange a consultation to review the arrest report, breath test results, and video evidence from your DUI stop.

How DUI Defense Is Developed

Case evaluation begins with obtaining all evidence from the arrest, including dash camera and body camera footage, breath machine calibration and maintenance logs, the arresting officer's sworn report, and any witness statements. The traffic stop is examined for reasonable suspicion, as unlawful stops require suppression of all evidence obtained after the illegal detention. Field sobriety tests are reviewed for compliance with National Highway Traffic Safety Administration protocols, as deviations from standardized procedures undermine the reliability of the officer's impairment conclusions.

Breath test results are challenged by examining whether the officer observed you for the required twenty-minute period before administering the test, whether the machine was properly calibrated within state-mandated intervals, and whether medical conditions or environmental factors could have produced a falsely elevated reading. Blood test cases require chain of custody verification and review of laboratory procedures to ensure samples were handled and analyzed correctly.

Orange County DUI cases often involve negotiations with prosecutors regarding charge reduction to reckless driving when breath test results are borderline or evidence problems exist. First-time offenders may qualify for diversion programs that result in charge dismissal upon completion of conditions including DUI school, substance abuse evaluation, and community service hours.

Questions About DUI Charges

DUI arrests create immediate concerns about driving privileges, potential jail time, and employment consequences. These answers clarify what happens after a DUI charge.

Marquez Law handles both the administrative license hearing and the criminal prosecution, coordinating defense strategy across both proceedings. Contact the office immediately after your DUI arrest to preserve your right to challenge the license suspension and begin building your defense.