Facing a DUI charge can be overwhelming, but it’s important to remember that being charged doesn’t mean you’re automatically guilty. There are numerous defenses that an experienced attorney can use to help reduce or dismiss your DUI charges. Let’s explore 10 potential defenses that can be used in DUI cases:
1. No Probable Cause for the Stop
Police officers must have a valid reason to stop a vehicle, such as observing a traffic violation or suspecting impaired driving. If the officer pulled you over without reasonable suspicion or probable cause, your attorney could argue that the stop was illegal, and the evidence gathered afterward may be inadmissible in court.
2. Improperly Administered Field Sobriety Tests
Field sobriety tests (FSTs) are subjective and can sometimes be unreliable. Factors such as uneven ground, poor lighting, or a person’s physical condition can affect the results. If the officer administered the FST incorrectly or misinterpreted the results, your attorney can challenge the validity of the tests.
3. Breathalyzer Malfunction or Misuse
Breathalyzers are machines that require proper calibration and maintenance to function accurately. If the device used in your case was not properly maintained, or the officer did not follow the correct procedures while administering the test, the results might be flawed. An experienced attorney can scrutinize these factors to weaken the prosecution’s case.
4. Rising Blood Alcohol Concentration (BAC) Defense
The rising BAC defense argues that your BAC was under the legal limit when you were driving, but increased by the time you took the test. Alcohol levels in the bloodstream take time to rise after consumption. If there was a significant delay between your arrest and the BAC test, this defense might work in your favor.
5. Medical Conditions or Diet
Certain medical conditions, such as diabetes or acid reflux, can cause false positives on breathalyzer tests. Additionally, specific diets like keto can lead to the production of acetone, which can interfere with breath test results. Your attorney can present medical evidence to show that your health condition contributed to inaccurate readings.
6. Improper Handling of Blood Tests
Blood tests are another common method for measuring BAC. However, these tests must follow strict handling and chain-of-custody protocols. If the sample was mishandled or contaminated, the results could be inaccurate, and your lawyer could request that the evidence be excluded.
7. Mistakes in Police Procedure
Officers must follow specific legal procedures during a DUI arrest. If an officer failed to follow proper protocol—such as not reading your Miranda rights—you could argue that your constitutional rights were violated. This can sometimes lead to the suppression of key evidence.
8. Mouth Alcohol Defense
If you consumed alcohol-based mouthwash or had dental work that trapped alcohol in your mouth, the breathalyzer could pick up mouth alcohol instead of alcohol in your bloodstream. This defense can be used to challenge the accuracy of breath test results.
9. No Actual Impairment
Some DUI arrests happen based on BAC levels alone, even when a driver shows no visible signs of impairment. Your attorney can argue that while your BAC might have been over the legal limit, you were not impaired, especially if your driving was otherwise normal.
10. Dashcam or Video Evidence
In some cases, video footage from a police car dashcam or bodycam can provide an objective account of the traffic stop and field sobriety test. Your lawyer may use this footage to challenge the officer’s version of events or highlight any errors in the arrest procedure.
Key Points:
- Lack of probable cause for the stop can invalidate the arrest.
- Improperly administered tests or mishandled evidence can weaken the prosecution’s case.
- Medical conditions or external factors can lead to inaccurate BAC readings.
If you’re facing a DUI charge, there are numerous strategies to challenge the case against you. At the Call us today at (423) 250-1499 to learn more.