Thomas C. Grajek | December 29, 2025 | DUI

How to Get a DUI Case Dismissed in Florida

A DUI in Florida can have serious consequences, both administratively and under the criminal law system. However, a charge doesn’t automatically mean a conviction. Depending on how the law applies to the overall facts and circumstances of a defendant’s case, an attorney can potentially get the charges dismissed altogether. 

Learn more about how Florida DUI law works below, as well as some of the grounds that can lead to these charges being dismissed. Note, however, that no specific outcome is ever guaranteed in these cases.

What Is Florida’s DUI Law?

Under Florida Statutes § 316.193, it’s illegal to drive or be in actual physical control of a vehicle while:

Prosecutors must prove both that you were driving or in control of the vehicle and that you were impaired beyond the legal threshold. 

While every DUI case is unique, there are several possible reasons why charges can be dismissed or reduced in Florida courts.

Lack of Reasonable Suspicion or Probable Cause

Police officers must have a valid reason to pull you over and arrest you. For example, weaving within your lane isn’t necessarily illegal on its own. If an officer lacked reasonable suspicion to initiate the stop and/or probable cause to arrest you, any evidence gathered afterward could be excluded.

Without that evidence, the prosecution might have no valid case left to pursue.

Faulty Field Sobriety Tests

Field sobriety tests (FSTs) are used to gauge impairment, but they’re notoriously subjective. Factors such as poor lighting, medical conditions, and others can cause a sober person to perform poorly. Driving under the influence cases often hinge on these assessments, making the details of their administration and the presence of any mitigating circumstances critical to your defense. 

If your attorney can show that external factors like these influenced your results, the judge may find them unreliable and suppress the evidence against you. Careful scrutiny of the officer’s procedures and environmental conditions during the test becomes paramount in challenging the prosecution’s case.

Invalid Breath or Blood Test Results

A breathalyzer reading, however, presents a more concrete picture, and it is frequently admitted as evidence, regardless of the circumstances. Despite this, a skilled lawyer can still challenge the results. They may question the device’s maintenance records, the officer’s training, or the calibration process, any of which could cast doubt on the accuracy of the reading.

Florida law requires strict compliance with testing procedures for breathalyzers and blood draws. Machines must be properly calibrated, and officers must be certified to use them as well.

If there are any inconsistencies, your attorney can argue that the BAC results are inadmissible. In some situations, removing this evidence can lead prosecutors to give you a favorable outcome.

Miranda Rights Violations

Once you’re in custody, officers must read you your Miranda rights before questioning you. If they fail to do so, any statements you make after your arrest may be suppressed in court.

Without your own words as evidence, the prosecution’s ability to prove impairment becomes much weaker.

Insufficient Evidence of Impairment

Not every DUI involves a chemical test. In some cases, the state relies on officer testimony or observations of factors like slurred speech. These signs are often subjective and can result from other things rather than intoxication, such as anxiety.

If the evidence in your case doesn’t prove your guilt beyond a reasonable doubt, your defense attorney can request a dismissal.

Set Up a Consultation With a Lakeland DUI Attorney to Learn More

While a DUI arrest can be frightening, it doesn’t automatically mean you’ll be convicted. The prosecution must meet a high burden of proof to convict you, and various considerations, like procedural error and weak evidence, could make your case eligible for dismissal. 

For more information, contact the Lakeland DUI attorneys at Grajek Criminal Defense Attorneys for a free consultation. We serve all areas in Lakeland, Polk County, and throughout Florida.

Visit our convenient location:

Grajek Criminal Defense Attorneys
112 E Poinsettia St
Lakeland, FL 33803
(863) 688-4606