Check out these five potential defense strategies from the best DUI lawyers.
All the best DUI lawyers in the industry will tell you one thing: most proof of driving under the influence is somewhat ambiguous. Whether it’s a field sobriety test or even results of a breathalyzer, this evidence is subject to interpretation and can be unreliable in certain circumstances.
Sadly, many people aren’t aware of these facts. Hundreds are convicted every day, and often of charges much more severe than are called for as a result of rampant prosecutorial overcharging. With very little knowledge and no legal assistance, these individuals feel they’re left with little choice but to plead guilty.
But that’s not the only option.
Consider these 5 possible strategies to defend against DUI prosecution:
- DUI or Chronic Acid Reflux?
Or even just heartburn on the evening in question. The reason this is relevant is because the reader is meant to analyze alcohol readings based on breath expelled from deep lung tissue, also known alveoli. However, acid reflux can push alcohol into the throat and mouth. Because the machine isn’t calibrated to read the “fumes” at such a close range, it causes an inaccurate result, which can skew blood alcohol readings exponentially higher than they actually are.
- Were You Mirandized at Your DUI Arrest?
You must be read your Miranda rights if you are in custody, and they are questioning you in an attempt to determine whether a crime has been committed. If your arresting officers continue to interrogate you after placing you in custody without having first read you your Miranda rights, you have cause for case dismissal.
- Lane Weaving Doesn’t Equal Grounds for a Traffic Stop.
The simple act of weaving in your lane or encroaching on another lane is insufficient grounds to pull you over. Technically, an officer must have observed pronounced weaving over a substantial distance. In the absence of this, the court may find your stop was unjustified and throw your case out.
- Smell Like Alcohol? Doesn’t Mean You Drove Drunk.
The presence of alcohol scent on your breath does not indicate any level of impairment or influence. If you’ve ever heard someone say, “I could smell the alcohol on his breath,” that is technically an inaccurate statement. Alcohol itself has no real scent. Rather, it’s the various other ingredients and flavors mixed with alcohol that render a specific odor.
Why is this relevant? Well, let’s say you downed a sixer of O’Douls, a popular non-alcoholic beer. If you were pulled over, you would smell like beer, and yet you would have a BAC of .00. The strength of a scent is subjective and has been proven to be a scientifically inaccurate way of determining the amount of drink someone has consumed. This strategy goes toward destabilizing an arresting officer’s probable cause for administering a breathalyzer or field sobriety test.
- A Delay in Testing Blood Alcohol Content (BAC) Can Change the Results.
It’s entirely possible for the same person to have a BAC of .07 at the scene, but something as high as .16 later on at the station. How does this happen? Well, it takes time for alcohol to be fully absorbed into the blood stream. Had a few drinks shortly before being pulled over? But your blood wasn’t tested for another hour or more back at the station? Then the recorded amount would be significantly higher than the actual (legal!) amount, which would have been recorded had your blood been tested immediately. The timing of testing is incredibly important because it’s only your blood alcohol content while driving that makes a legal difference.