How to Get a DUI Charge Dropped in Florida
Being arrested for DUI in Orlando can be overwhelming, but it doesn’t mean you’re automatically guilty. Many people assume they have no choice but to accept the consequences—but that’s not true. DUI charges can be reduced or even dismissed with the right defense strategy.
At Hov Law, we’ve seen cases where DUI arrests had weak evidence, improper police procedures, or inaccurate test results. In this guide, we’ll break down how you can fight back and potentially get your DUI charges dropped in Florida.
Can a DUI Be Dismissed in Florida?
Yes! While Florida has strict DUI laws, prosecutors must prove beyond a reasonable doubt
that you were:
✔ Driving or in actual physical control of a vehicle
✔ Impaired by alcohol or drugs to the extent that normal faculties were affected
✔ Or had a BAC of 0.08% or higher
If your attorney can challenge the evidence or show that your rights were violated, your DUI charge may be reduced or dismissed.
Ways to Get a DUI Charge Dropped in Orlando
1️⃣ Challenging the Legality of the Traffic Stop
Did the officer have a valid reason to pull you over?
- Police must have probable cause (like speeding, swerving, or running a red light).
- If the stop was unlawful, any evidence (like breathalyzer results) could be thrown out.
🔹 Example: If an officer pulls you over without cause and later charges you with DUI, your attorney can file a motion to suppress evidence, leading to a case dismissal.
2️⃣ Questioning the Accuracy of the Breathalyzer Test
Breathalyzers aren’t foolproof
and can produce false readings
due to:
❌ Improper calibration or maintenance
❌ Medical conditions (acid reflux, diabetes)
❌ Residual alcohol in the mouth (from mouthwash, medications)
🔹 Example: If your breathalyzer test was not administered correctly, your attorney can argue that the results are unreliable and inadmissible in court.
3️⃣ Proving the Field Sobriety Tests Were Unfair
Field Sobriety Tests (FSTs) are highly subjective
and can be influenced by:
🔹 Uneven roads or poor lighting
🔹 Medical conditions (inner ear problems, injuries)
🔹 Nervousness or fatigue
If the officer failed to conduct the test properly, the results may not be valid.
4️⃣ Identifying Police Mistakes & Violations
Police officers must follow specific procedures
during a DUI stop and arrest. If they fail to:
✔ Read your Miranda rights
before questioning you
✔ Improperly administer tests
✔ Fail to document evidence correctly
👉 These errors can weaken the prosecution’s case and lead to dismissal or reduction of your DUI charge.
5️⃣ Negotiating for a Lesser Charge (Reckless Driving Plea)
If your case can’t be dismissed, an experienced DUI defense attorney in Orlando
can negotiate a plea deal
to:
✔ Reduce DUI charges
to reckless driving
✔ Avoid a DUI conviction on your record
✔ Reduce fines and penalties
This is often referred to as a "wet reckless" plea and is a much better outcome than a full DUI conviction.
How to Strengthen Your DUI Defense Case
✔ Request a DMV hearing immediately (You have only 10 days
to challenge your license suspension)
✔ Do NOT admit guilt
– Anything you say can be used against you
✔ Gather evidence
– Keep records of the events before and after your arrest
✔ Hire a DUI attorney ASAP
– The sooner you get legal representation, the better your chances
Why Choose Hov Law for DUI Defense in Orlando?
At Hov Law, we understand that a DUI arrest doesn’t mean a conviction. We fight aggressively to:
✔ Challenge breath and field sobriety tests
✔ Identify police errors and violations
✔ Negotiate for reduced charges or case dismissal
🚨 Don’t Wait – Take Action Now
You have only 10 days to protect your license and start your defense. Call us now for a free consultation and learn how we can fight your DUI charge.
📞 407-801-0101
🖥️ Visit us at www.hov.law
to schedule your free consultation.
