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DUI Defenses
|Last Updated on: 1st October 2023, 10:08 am
DUI Defenses – What You Need to Know
Getting arrested for DUI can be super scary. The legal system is complicated, and the penalties are harsh. But there are ways to fight the charges, even if you made a mistake and got behind the wheel after a few drinks. This article will break down the most common defenses used for DUI charges so you can understand your options better. We’ll also look at some real life examples to make it more clear.
Challenging the Stop
One of the most common DUI defenses targets the initial traffic stop. This argues that the officer didn’t have a valid reason to pull you over in the first place. The Constitution says police need “probable cause” before they can stop your car and detain you.
For example, lets say your driving was totally fine but the cop pulled you over for a busted tail light. But then he smells alcohol on your breath and arrests you for DUI. Your lawyer could argue there was no probable cause for the stop since a busted tail light doesn’t prove intoxication. If the judge agrees, the whole case could get thrown out.
Other common illegal stop scenarios are:
- Getting pulled over for not using a turn signal when there were no other cars around
- Veering slightly within your lane
- Driving a few miles above the speed limit
These are all technical violations but may not reach the level of probable cause. Your DUI attorney will review the police report to see if the officer’s stated reason for stopping you holds up.
Challenging the Arrest
A DUI defense can also focus on the arrest itself, like if the officer didn’t follow proper procedures. After pulling you over, the officer needs probable cause to actually arrest you and take you to the station for testing.
For example, you admit to having a few drinks but are speaking clearly and have no issues with balance or coordination. Simply having alcohol on your breath may not be enough to establish probable cause for arrest. There has to be some concrete evidence that you are actually impaired.
Without that, a good DUI lawyer can argue there was no probable cause and try to get damaging evidence thrown out, like the results of the breathalyzer test.
Questioning the Breath Test
Many DUI defenses try to challenge the results of the breath or blood test after you were arrested. These machines aren’t 100% foolproof, so it’s possible to dispute the accuracy of the results.
For example, if the machine wasn’t properly calibrated or maintained, it could produce an inflated reading. Your lawyer will request maintenance records and calibration logs to look for any irregularities.
There’s also your body itself to consider. Medical conditions like acid reflux or diabetes, as well as dental work, can affect results. The test is also thrown off if you burp or vomit during it. An experience DUI attorney knows just what to look for.
Questioning Field Sobriety Tests
Many DUIs rely heavily on how you performed on roadside field sobriety tests like walking a straight line. But those can be inaccurate for many reasons.
For example, the officer might not have administered them properly, like testing you on an uneven surface. Physical conditions like back injuries, arthritis, or inner ear problems can also impact your balance and coordination. Just because you failed the field test doesn’t automatically mean your intoxicated.
A good DUI lawyer will look closely at the officer’s report to see if there are any holes in how the tests were conducted.
The Involuntary Intoxication Defense
This rare defense argues that you ended up impaired through no fault of your own. For example, maybe someone spiked your drink without you knowing, or you had an unexpected reaction to a prescribed medication.
If you can show there was no way to know you were becoming intoxicated, your lawyer can argue you shouldn’t be held fully accountable. This defense is hard to prove, but could be a last resort option.
The Choice of Evils Defense
Also called the “necessity defense,” this argues you only drove drunk to prevent something worse from happening. For instance, you had to rush someone to the hospital or drive home to stop a domestic violence incident.
If your lawyer can convince the judge you prevented more harm by driving, you may be able to avoid a DUI conviction. But the threat of harm has to be immediate and severe. Just driving home because you don’t want to pay for a cab won’t cut it.
Rising Blood Alcohol Content
This argument targets the accuracy of your BAC reading by looking at when you were stopped versus when the actual test was taken.
For example, say the officer pulled you over right after you left a bar. Your BAC may have been under the limit while driving, but then continued to rise and hit the illegal level by the time you took the breath test back at the station.
With expert testimony about absorption rates, your lawyer could argue that your blood alcohol level was actually legal at the time you were driving. This defense requires extensive knowledge of toxicology.
Bottom Line
As you can see theirs a lot of ways to challenge a DUI charge. An experienced attorney will know how to spot issues with your arrest and exploit them to get the charges reduced or dismissed. But DUI laws vary greatly between states, so its crucial to work with a local lawyer familiar with the courts in your area. Don’t just plead guilty without exploring your options first!