Driving Under the Influence: The Laws and Your Defense Options

We’ve all made mistakes. And getting behind the wheel after a few too many drinks is an error in judgment many have made. But while you may feel regret, the legal consequences are very real. Let’s walk through the laws, penalties, and potential defenses so you understand your options if charged with operating under the influence (OUI).

What Constitutes OUI?

Most states have OUI laws prohibiting driving with a blood alcohol concentration (BAC) at or above .08%. For commercial drivers it can be as low as .04%. But you can still be charged even if your BAC is below the legal limit if officers determine your ability to drive was “impaired.”

This subjective standard means that even if you had just one or two drinks, factors like failing field sobriety tests, swerving, speeding, or slurred speech may lead to an OUI arrest. Officers can also charge you if you’re under the influence of marijuana, prescription medications or illegal drugs.

Penalties for an OUI Conviction

The consequences for an OUI conviction vary by state but often include:

• Fines ranging from $500-$5,000 plus surcharges
• License suspension – typically at least 90 days for first offense
• Probation
• Court ordered alcohol education or treatment programs
• Possible ignition interlock device installation
• Jail time – many states mandate at least 2 days for a first offense

The penalties ratchet up for second and third offenses, with longer license suspensions, alcohol programs, interlock devices, fines reaching $10,000+, and weeks to months in jail.

Let’s discuss a few defenses that may help you avoid these consequences if stopped on suspicion of OUI.

Invalid Traffic Stop

The first line of defense is attacking the validity of the initial traffic stop. The Constitution protects against unreasonable searches and seizures. So if the officer didn’t have probable cause like speeding, swerving, or another traffic violation before pulling you over, the stop may qualify as an improper fishing expedition.

If the judge agrees the stop was illegal, they may suppress all evidence gathered after that point – including your BAC results from breathalyzer or blood tests. Without that chemical evidence, the DUI charges may be dismissed.

Faulty Chemical Testing

Even with a valid stop, you can challenge the results of blood or breath tests that show your BAC over the legal limit. These machines can have errors.

For example, if the officer didn’t observe the mandatory 15-20 minute pre-test waiting period, or didn’t calibrate the devices properly, the results may be inaccurate or inadmissible.

You may also request having your blood drawn shortly after the breath test to verify results, as blood tests are usually more accurate. If the blood analysis shows you were actually under the legal BAC limit, this creates reasonable doubt to beat the charges.

No Actual Impaired Driving

As mentioned, an officer can charge you even if your BAC is technically legal. So beyond fighting the chemical test results, you can defend against the subjective standards like failing the roadside field sobriety tests.

These roadside exercises like walking a straight line or standing on one leg are difficult for even sober people. And nervousness, injuries, or medical conditions can also contribute to poor performance.

If your lawyer can show through cross examination you weren’t actually driving recklessly, had full control of the vehicle, and weren’t safety impaired, you may still beat an OUI charge.

Medical Issues

Some medical conditions like diabetes or injuries can mimic signs of intoxication like disorientation, slurred speech or poor balance.

Let’s say you swerved to avoid an object in the road, but had no other driving issues. If your lawyer can prove to the jury through medical records and expert testimony that your swerve was caused by a separate medical issue, this may create enough reasonable doubt to be found not guilty.

As you can see, there are various defenses to fight an OUI charge and avoid harsh penalties. But your best bet is to play things safe and avoid driving at all after drinking. Call a rideshare, take public transport, or hand your keys to a sober friend. This mistake can haunt you for years in the form of fines, license issues, and sky high insurance rates. Be smart and don’t take the risk.