Although each case varies, this article will cover some of the best DUI arguments and defenses to consider when analyzing your DUI charge
Motion to Suppress Evidence
If your attorney files a Motion to Suppress Evidence and it is granted, then that evidence can’t be used against you by the prosecutor. This is often used in the context of the traffic stop, where the motion argues that the officer didn’t have reasonable suspicion to stop you. If successful, this can be a powerful arrow in your DUI defense arsenal.
Legitimate Reasons for the Signs of Intoxication
Are there legitimate reasons for the signs that the officer observed, which are circumstantial evidence against you? For example, do you have dry eyes that cause redness? Do you have a speech impediment that causes slurred speech? Could your symptoms be explained by fatigue? Plausible explanations for the symptoms can be a good argument to oppose the evidence of intoxication.
Field Sobriety Tests
There are many ways to attack the field sobriety test evidence: Do you have a physical limitation or are you taking medications that inhibit your ability to successfully complete? Were they adequately explained and administered by the officer? Were there environmental factors such as weather, traffic, or the surface where the tests were performed that could impact the testing?
Faulty Testing
Here again, there are many ways to attack the reliability of blood or breath testing. Was the device working? Were there medications or medical conditions that could have impacted the testing? Was the testing done properly? Was the evidence placed in a proper chain of custody?
* Acid Reflux Defense – this is a subset argument that alleges that acid reflux (a medical condition) can cause the BAC reading to be falsely higher
* Rising BAC level – a valuable subset argument to testing is the rising BAC defense, which alleges that the BAC rose between the time the defendant was driving and when the test was administered.
This is not an exhaustive list of DUI defenses, as the possibilities are as individual and unique as the particular facts of your case. This list explains some of the commonly utilized defenses to help you and your attorney begin building a proper defense strategy.
