If you’ve been charged with a DUI, don’t give up on a powerful defense. This article will explain key DUI defenses that you can discuss with your lawyer to plan an attack against the prosecution’s evidence:
Reasonable Suspicion for the Stop. Examine the reason for the stop. Did the officer observe a violation of the law? Or did he pull you over because of a guess or a prejudice? The officer must have reasonable suspicion that the driver or passenger have committed, is committing or will commit a crime. Reasonable suspicion is more than a hunch and has to be based on specific facts. If the officer can’t justify the stop, then your attorney can file a Motion to Suppress the evidence. If the motion is successful, the prosecution will typically not have the evidence available to convict you.
Don’t Assume the Blood Alcohol Tests Are Irrefutable. A test is intimidating evidence, but there are still ways to undermine the reliability of this evidence against you:
- Undermine the reliability of the testing procedures.
- Did the administrator of the test have the proper training?
- Were the testing procedures followed with exactness?
- Was the device functioning properly?
- Were there results that were inconsistent with each other?
- Did they observe you prior to the DUI?
- Were you smoking, eating, drinking, burping, vomiting, etc. prior to or during the test?
- Rising Blood Alcohol. The relevant point in time for blood alcohol level is at the moment you are driving. If your blood alcohol level goes up after you are arrested because the alcohol is absorbing into the blood stream, then you have an argument that the test is not accurate to the level while you were driving.
- The amount of food that is consumed, the gender of the driver, and other factors may play into whether the blood alcohol defense can be credibly asserted
- Medical Problem Defense. The key point here is whether you have a medical problem that would render the results inaccurate.
- Do you have a medical condition such as asthma or emphysema that affects your lung capacity and ability to blow into a machine?
Fight the Officer’s Observations and Field Sobriety Tests.
- The key here is to undermine the validity of the tests. Do you have a medical condition? Were there weather conditions? Did the officer explain and administer the tests properly?
- tests, or if correct instructions were not given, then you can question the reliability of the conclusions drawn from the tests.
Don’t give up. There are many possible defenses in your case, so consult with your attorney.
