Being arrested for driving under the influence (DUI) can be a life-altering experience. However, being charged doesn’t automatically mean a conviction. With the help of an experienced criminal defense attorney, you can explore various strategies to potentially reduce charges, negotiate penalties, or even have your case dismissed.
Below are 10 common defenses used in DUI cases that could apply to your situation.
1. Lack of Probable Cause for the Traffic Stop
Police officers must have reasonable suspicion or probable cause to pull you over. If there was no valid reason for the stop, any evidence gathered during the stop, including breath or blood tests, may be inadmissible in court. A defense attorney can review dashcam footage and police reports to challenge the legality of the stop.
2. Faulty Field Sobriety Test
Field sobriety tests (FSTs) are often used to determine whether a driver is impaired. However, these tests are subjective and prone to error. Factors such as uneven road conditions, poor weather, and pre-existing medical conditions can cause a sober person to fail these tests.
Key points:
- Road conditions could skew results
- Physical impairments unrelated to intoxication
3. Inaccurate Breathalyzer Results
Breathalyzer devices must be calibrated correctly and administered by trained officers. Even minor malfunctions or improper calibration can produce inaccurate readings. If your attorney proves that the breathalyzer was improperly maintained or used, the results could be thrown out.
4. Rising Blood Alcohol Concentration (BAC)
Your blood alcohol concentration can continue to rise for up to an hour after your last drink. If you were pulled over shortly after leaving a bar or restaurant, your BAC may have been below the legal limit while driving but rose afterward. This defense argues that your BAC was within legal limits when you were behind the wheel.
5. Medical Conditions or Medications
Certain medical conditions or medications can mimic the symptoms of intoxication. For example, diabetes can cause the body to produce acetone, which may result in false-positive breathalyzer results. Medications that cause drowsiness or impaired coordination can also be mistaken for alcohol impairment.
6. Improper Administration of Blood Test
If a blood test is conducted, the chain of custody must be followed correctly, and the sample must be stored and handled according to strict protocols. Any deviations from these procedures can lead to contamination or mislabeling, making the results unreliable.
7. No Proof of Driving
In some DUI cases, especially those involving accidents or parked vehicles, the prosecution must prove that you were driving the vehicle while intoxicated. If no one witnessed you driving, it may be difficult for the prosecution to prove beyond a reasonable doubt that you were behind the wheel.
8. Failure to Read Miranda Rights
If you were not read your Miranda rights at the time of your arrest, any statements you made after your arrest could be inadmissible in court. This includes self-incriminating statements or admissions of guilt. Your attorney can use this failure to challenge the prosecution’s case.
9. Unreliable Witness Testimony
Eyewitnesses, including the arresting officer, may provide inconsistent or inaccurate testimony. Your attorney can cross-examine witnesses to expose discrepancies in their accounts, potentially weakening the prosecution’s case.
10. Necessity Defense
In rare cases, a necessary defense may apply. This involves proving that you had no choice but to drive under the influence due to an emergency, such as fleeing from danger or transporting someone in need of medical attention.
Protect Your Rights: Get Expert DUI Defense with Our Experienced Team.
If you're facing DUI charges, it's important to remember that a skilled defense attorney can analyze the specifics of your case and identify the most appropriate defense strategies. The consequences of a DUI conviction can be severe, but with the right legal representation, you may have options to fight the charges and protect your future.
Reach out to Law Office of Chip Siegel, Esq. today at (702) 430-7531 to learn more.