After you’ve been arrested for DUI, you may think that you don’t have any credibility and that defenses are unlikely to succeed. You shouldn’t give up without consulting with an attorney. There are ways to show that the officer’s testimony is not accurate, or that the tests don’t show what they are meant to show, or that the evidence is not beyond reasonable doubt. The opportunities for defense are endless, but this article will walk you through a few of the many to get you prepared to discuss possibilities for your case with your attorney.
- Attack the Assumptions Based on Appearance. The officer may point to your red eyes, flushed face, or the odor of alcohol on you. Are there reasonable explanations for these symptoms that would cast doubt on the officer’s conclusions? Do you have allergies that would cause red eyes. Had you been in a situation such as a hot car or warm social gathering that could account for your flushed face? Did you mention to the officer that you had a problem that could have accounted for any of the physical symptoms?
- Bad Driving Doesn’t Equal DUI. An officer will be quick to point out a driving pattern. Perhaps you were weaving in your lane. Perhaps you were speeding or even driving too slowly. You attorney can show that a bad driving pattern doesn’t equal DUI by questioning the officer about his conclusions. Do people who are not under the influence speed or weave? Try to get the officer to admit that driving pattern is not conclusive evidence of DUI.
- Undermine the Field Sobriety Tests. The assumption that the field sobriety tests accurately measure impairment is based on 1) the officer administering the tests correctly, 2) proper testing conditions, and 3) the absence of innocent conditions that could impact the result. These assumptions provide extensive opportunities to dig in and undermine the tests.
- The BAC. The measurement of results on the breath test can seem insurmountable, but even these too can be disputed. Did you have anything in your mouth at the time of testing that might have impacted the results? Was the equipment functioning? Was the test given close in time to when you were driving? Did the officer observe you for the required amount of time before administering the test? There are so many avenues here to break down the results of the BAC.
- Medical Conditions. Do you have a medication condition that may have impacted your case at any step of the way? Could it have impacted your results on physical tests or on the breath or blood test? Medical conditions are highly specific and personal, but they can be a powerful tool for showing that your performance on any of the testing did not lead to an accurate result.
This is just a taste of the multitude of defenses that you have at your fingertips for a DUI case. Consult an experienced attorney with a criminal background to find out how you can win a DUI case.
