It's an unfortunate fact that you can still be charged with Driving Under the Influence (DUI) even if you haven't had a drink. In some cases, legally prescribed medications affect your ability to operate a motor vehicle. There are also biological factors, such as fatigue or dehydration, that could result in a false positive for drunk driving.
A DUI arrest is stressful and overwhelming, but thankfully, there are numerous defenses available to you. You always have the right to defend against any criminal accusation, so don’t give up.
Here are some credible defense strategies against a DUI charge.
The Police Stop Was Improper
When a police officer makes a traffic stop, they must have reasonable suspicion to do so. This is their professional obligation, and it is also a 4th Amendment protection for all U.S. citizens.
If the officer lacked reasonable suspicion for making the stop, or they based it on biases (such as race), then any evidence can be excluded from court proceedings. In other words, depending on your situation, it may be possible to beat a DUI simply because the police did not follow proper procedure.
You Were Trapped Into a Confession
Your lawyer can assess your arrest to determine if your rights were violated. Transcripts of conversations between police officers and suspects can reveal a lot. For instance, you may have been misled about the severity of charges, false promises, or direct threats. Once again, if the police are guilty of improper methods, the entire case against you could be thrown out.
The Field Sobriety Test was Improper or Inaccurate
Challenging the accuracy and validity of field sobriety tests is one of the most effective DUI defense strategies available. Although these tests are commonly used, they are often unreliable. Numerous physical, mental, and environmental factors could account for poor performance during a test.
Furthermore, these tests are highly subjective. Results can easily be misinterpreted or even fabricated. If evidence exists that a police officer administered an inaccurate or improper field sobriety test, you can build a solid case against prosecution.
You Were Sick, Not Drunk
At the time of the arrest, you may have been ill, and the police mistook your behavior for drunkenness. For example, you could be suffering from severe allergies, a sinus infection, or a diabetic condition like low blood sugar. Any of these conditions can leave you confused and foggy, making it difficult to properly communicate with the authorities.
In these scenarios, you will need physical proof such as doctor's notes, records, or test results. When the evidence supports your position, you may be able to beat your DUI charge.
The Breathalyzer Test Was Inaccurate
Breathalyzer tests are a valuable tool in detecting alcohol in a person's system, but they are not infallible. Even the best models have a 0.01% margin of error. Other factors can influence breathalyzer results as well.
Here are some common reasons why a breathalyzer gives inaccurate results.
- Medical conditions: Certain medical conditions, such as acid reflux or diabetes, may affect the accuracy of a breathalyzer test.
- Environmental factors: Certain environmental factors, such as exhaust fumes or gasoline, may interfere with the results of a breathalyzer test.
- Calibration errors: Breathalyzers need to be calibrated regularly to ensure their accuracy. If they are not calibrated properly, the results may be incorrect.
- Mouth alcohol: If you have recently used mouthwash or consumed alcohol-containing liquids, it may artificially elevate the results of the breathalyzer test.
- User error: Proper usage of a breathalyzer requires that the person administering the test is properly trained and follows the manufacturer's instructions. Failure to do so may lead to inaccurate results.
The Blood Test Was Improper or Inaccurate
One of the best ways to challenge blood test results is to challenge the person who administered the test. These tests must be performed by certified professionals. The law must verify that they are verified and authorized to draw your blood.
These tests must also be properly stored and transported. Otherwise, the results can be tainted.
Furthermore, it is essential to investigate whether your constitutional rights were violated before testing.
Make sure your lawyer thoroughly scrutinizes every aspect of your arrest and blood testing.
Obtaining witness testimony in a DUI defense can be the key to the success of your case. If another person can attest to your sobriety, the prosecution may have nothing else on you. Make sure you carefully organize with your witnesses. Give the proper time, location, and directions so there are no hiccups when they are needed.
Law Offices of Jason K.S. Porter, P.A. is here to help you fight your DUI charges. To schedule time with our team, call us at (904) 701-0591 or contact us online.