Copeland, FL DUI Law Firms & Lawyers

The police think you were driving, and they think he was less culpable than you in instigating. Understand? No, then consult with a knowledgeable attorney.

You will most likely not be able to get a DUI arrest dismissed, but there are several options for you to consider. First, you can take the case to trial, either with a jury or just a judge (a bench trial).  The State must prove your guilt beyond all reasonable doubt, and you don't have to prove anything or testify.  Second, you can ask the State Attorney to reduce the charges to reckless driving. This normally requires that you have a lawyer review the case and send a written request to the state outlining the reasons why the charge should be reduced. Third you can enter a plea agreement for a minimum mandatory disposition on the DUI charge. As for getting the State Attorney to simply say never mind and drop the charge, this will probably not happen.  The state can prosecute the case without a breath test and without field sobriety tests. They can rely on the police officers observations regarding your condition, if your eyes were red and glassy, your breath smelled of alcohol, you had poor balance, you slurred your speech, etc.  In some cases, a breath test or field sobriety tests could actually help you prove that you were not impaired. In your case, you don't have these pieces of evidence and the state will rely solely on the officers opinion.  You can be convicted based upon the opinion evidence of the officer.

Florida law doesn't care about the keys. Our statute says if a person is in "actual physical control" of the vehicle they can be arrested for DUI. Sleeping in the back seat of a car, keys with someone else a person can be arrested and found guilty. Unfair? Yes, talk to the democrats in the legislature they passed the law and block any changes.