How Can You Build a Strong Defense Against DUI/DWI Charges?
Facing DUI or DWI charges can be one of the most stressful and overwhelming moments in a person’s life. The fear of losing your license, your job, and even your freedom can make everything feel uncertain.
At Archer Law, we’ve worked with people just like you—good people who made a mistake or are fighting a charge they don’t believe is fair. Whether it was a momentary lapse in judgment or a wrongful accusation, we understand how much is at stake.
If you’ve been charged with DUI or DWI in Clermont, Florida, or the surrounding areas—including Polk County, Lake County, Sumter County, or Seminole County—you need someone who knows what to do next.
Know What You’re Up Against
Before building any kind of defense, it's important to know exactly what you're being charged with. In Florida, a DUI (Driving Under the Influence) typically means you're accused of operating a vehicle while impaired by alcohol, drugs, or both.
You could also be charged if your blood alcohol content (BAC) is 0.08% or higher—even if you weren’t driving erratically. Some charges may escalate based on factors like having a child in the vehicle, causing property damage, or having prior offenses.
Each of these elements can increase the potential penalties, which could include jail time, heavy fines, license suspension, community service, probation, or mandatory treatment programs.
Understanding the nature of your DWI or DUI charges helps you and your attorney identify what’s at risk and where to focus your defense.
Take Immediate Steps After the Arrest
What you do right after your DUI or DWI arrest can influence the strength of your defense. Quick and thoughtful actions can prevent further complications down the road.
Initial actions to take after a DUI arrest include:
Write down everything you remember: Include the time of the stop, the officer's behavior, what you said, and whether any tests were administered.
Keep track of paperwork: Any documents given by the police or court system are important, especially your citation and notice of license suspension.
Avoid social media: Don’t post about your case, arrest, or drinking habits online—it can be used against you.
Contact an attorney quickly: The sooner you speak with a defense lawyer, the better your chances of protecting your rights and preparing a response.
Taking these steps can make a major difference in how your case is handled. The more informed and organized you are from the beginning, the easier it is to mount a solid defense.
Challenge the Traffic Stop
In many DUI/DWI cases, the defense starts with examining how the police stop occurred. Law enforcement must have a valid reason (probable cause) to pull you over. If they didn’t, any evidence gathered afterward might be inadmissible.
Common reasons a traffic stop might be challenged:
Lack of probable cause: If you weren’t swerving, speeding, or breaking any traffic laws, your stop might be illegal.
Improper procedures: Officers are required to follow specific rules during a DUI stop and arrest. If they didn’t, it may benefit your case.
Inaccurate field sobriety tests: These tests can be subjective and affected by health conditions, nerves, or road conditions.
Faulty breathalyzer equipment: Breathalyzers must be maintained and calibrated regularly. If they weren’t, the results may be thrown out.
Every element of the stop is worth reviewing. An experienced lawyer will look at dashcam footage, police reports, and test records to see if there were any violations of your rights.
Question the Accuracy of the Evidence
Even if you took a breath, blood, or urine test, the results aren’t always as reliable as they seem. A good defense takes a critical look at how the tests were conducted and whether the evidence is strong enough to hold up in court.
Ways evidence may be flawed or misleading when you're facing DUI charges include:
Improper storage of blood samples: If your sample wasn’t stored properly, fermentation could raise your BAC artificially.
Contaminated testing equipment: Dirty or poorly maintained machines may produce inaccurate results.
Medical conditions: Some health issues can mimic signs of intoxication or impact BAC readings.
Officer training issues: If the officer wasn’t trained to administer field tests or equipment, the results might be challenged.
DUI charges rely heavily on evidence. Weakening that evidence—even slightly—can be the difference between a conviction and a dismissal or reduction of charges.
Explore Alternative Explanations
Sometimes, there’s a perfectly reasonable explanation for what may have looked like impairment. If you were tired, ill, anxious, or had taken legal medication, your behavior could’ve been misunderstood.
Potential explanations for DUI-like symptoms include:
Fatigue or lack of sleep
Medical conditions such as diabetes, vertigo, or neurological issues
Allergies or cold medications
Emotional distress or panic attacks
Your lawyer can present these explanations along with supporting medical records or expert testimony to challenge your DUI charges. Providing context to your behavior may cast doubt on the prosecution’s version of events.
Consider Plea Bargains When Appropriate
In some cases, going to trial may not be your best option. Depending on your record, the evidence, and the potential penalties, a plea bargain might offer a way to reduce the impact on your life.
Reasons you might consider a plea deal when faced with DUI charges include:
First-time offense: You may qualify for reduced charges or alternative sentencing.
Weaker evidence against you: The prosecution may offer a deal rather than risk losing in court.
Avoiding harsher penalties: A plea might help you avoid jail time or a long license suspension.
Your lawyer can help you decide whether to negotiate or fight the charge. It’s all about protecting your future while minimizing long-term consequences.
Know the Consequences and How to Prepare
Florida law imposes strict penalties for DUI convictions. Even first-time offenses can come with steep fines, mandatory education courses, and a license suspension. Knowing what's at stake helps you mentally and practically prepare.
Possible consequences of a DUI conviction in Florida include:
Fines ranging from $500 to $2,000
License suspension of six–12 months
Mandatory DUI school or substance abuse programs
Community service requirements
Jail time for repeat offenses or aggravating factors
Understanding the penalties allows you and your attorney to tailor your defense to either avoid or reduce them as much as possible. Planning ahead may also show the court that you’re taking responsibility, which can work in your favor.
Contact an Experienced DUI Defense Lawyer
If you're facing DWI or DUI charges, you don't have to go through this alone. The consequences can be serious, but with the right help, you can take control of the situation and work toward a better outcome. Every case is different, and the sooner you speak with a lawyer, the more options you’ll have available.
At Archer Law, we fight to defend your rights and protect your future. Attorney D.D. Archer brings dedication and insight to every case we handle. Whether you're facing charges in Clermont, Polk County, Lake County, Sumter County, or Seminole County, we’re ready to help. Reach out to us today for a confidential consultation.