Facing DUI charges can be a daunting experience, but understanding the possible defenses can significantly improve your chances of a favorable outcome. Here are several legal strategies and tactics that can be used to defend against DUI charges.
Understanding DUI Charges
What Constitutes a DUI?
A DUI (Driving Under the Influence) charge typically involves operating a vehicle while impaired by alcohol, drugs, or both. The legal limit for blood alcohol concentration (BAC) is usually 0.08%, but impairment can be determined even at lower levels.
Types of DUI Charges
- Per Se DUI: Based on a BAC of 0.08% or higher.
- Impairment DUI: Based on observed impairment regardless of BAC.
- Drugged Driving: Based on impairment by drugs, including prescription and over-the-counter medications.
Legal Strategies for Defending Against DUI Charges
Challenging the Traffic Stop
Lack of Probable Cause
One of the primary defenses is to challenge the legality of the traffic stop. The officer must have probable cause to believe a traffic violation or crime occurred. If the stop was made without valid reason, any evidence obtained thereafter could be suppressed.
Questioning Field Sobriety Tests
Test Administration
Field sobriety tests (FSTs) must be administered according to strict guidelines. If the officer failed to conduct the tests properly, the results might be deemed unreliable.
Physical or Medical Conditions
Certain physical or medical conditions can affect performance on FSTs. For instance, balance issues, neurological disorders, or even wearing certain footwear can lead to poor performance unrelated to alcohol impairment.
Contesting Chemical Test Results
Breathalyzer Accuracy
Breathalyzer machines must be properly maintained and calibrated. If there are issues with the machine’s maintenance or if it was not correctly calibrated, the results could be challenged.
Blood Test Procedures
Blood samples must be handled and processed correctly to avoid contamination or incorrect readings. Any errors in the chain of custody or laboratory procedures can be grounds for contesting the results.
Rising BAC Defense
The rising BAC defense argues that your BAC was below the legal limit while you were driving, but it increased to above the limit by the time the test was administered. This can occur if you consumed alcohol shortly before driving.
Defending Based on Observations
Officer’s Observations
Officers often rely on their observations, such as the smell of alcohol, bloodshot eyes, or slurred speech, to justify DUI arrests. These observations can be challenged by showing alternative explanations, such as fatigue, allergies, or medical conditions.
Dashcam and Bodycam Footage
Video footage from dashcams or bodycams can be used to dispute the officer’s account of your behavior and condition during the traffic stop and arrest.
Alternative Explanations for Impairment
Medical Conditions
Medical conditions such as hypoglycemia, diabetic reactions, or neurological disorders can mimic signs of alcohol impairment. Presenting medical evidence can provide an alternative explanation for your behavior.
Prescription Medications
Certain prescription medications can cause symptoms that mimic alcohol impairment. If you were taking medication as prescribed, this could be a viable defense.
Procedural Defenses
Violation of Rights
Miranda Rights
If you were not read your Miranda rights at the appropriate time, any statements you made may be inadmissible in court.
Right to Counsel
If you were denied the right to speak with an attorney after your arrest, this could be a violation of your rights and grounds for challenging the charges.
Chain of Custody
Proper chain of custody must be maintained for any evidence collected, such as blood samples. Any gaps or errors in this process can lead to evidence being excluded.
Building a Strong Defense
Collecting Evidence
Witness Statements
Gathering statements from witnesses who can testify about your behavior, sobriety, or the events leading up to your arrest can strengthen your defense.
Expert Testimony
Experts in fields such as toxicology or pharmacology can provide testimony about the potential inaccuracies of chemical tests or alternative explanations for your behavior.
Reviewing Documentation
Carefully review all documentation related to your arrest, including the police report, maintenance records for testing equipment, and any medical records that could support your defense.
Conclusion
Defending against DUI charges requires a thorough understanding of the legal strategies and tactics available. By challenging the traffic stop, questioning the reliability of tests, and presenting alternative explanations for observed impairment, you can build a strong defense. Working with an experienced DUI attorney is crucial to navigate the complexities of DUI law and achieve the best possible outcome.
