Facing a DUI charge can be a daunting experience, but it's important to remember that being charged doesn't necessarily mean a conviction. Several defenses can be employed to challenge the charges and potentially have them reduced or dismissed. Here are ten common defenses to a DUI charge:
1. Illegal Traffic Stop
One of the most effective defenses against a DUI charge is arguing that the initial traffic stop was illegal. Police officers must have reasonable suspicion to pull you over.
If they cannot provide a valid reason for the stop, any evidence gathered during the stop, including breathalyzer results, may be inadmissible in court.
2. Field Sobriety Test Issues
Field sobriety tests (FSTs) are often used to establish probable cause for a DUI arrest. However, these tests can be highly subjective and prone to error. Factors such as poor lighting, uneven surfaces, weather conditions, and the individual's physical condition can all affect performance. Challenging the accuracy and administration of FSTs can be an effective defense.
3. Inaccurate Breathalyzer Results
Breathalyzer machines are not infallible. They require proper calibration and maintenance to provide accurate readings. Additionally, factors such as the presence of mouth alcohol, medical conditions (e.g., acid reflux), and certain diets can result in falsely elevated readings.
Questioning the reliability and accuracy of breathalyzer results can weaken the prosecution's case.
4. Improper Administration of Breathalyzer
Even if the breathalyzer machine itself is functioning correctly, the test must be administered properly. Officers must follow specific protocols and procedures when conducting the test. Failure to do so can lead to inaccurate results. Cross-examining the arresting officer about their training and adherence to these protocols can be a key defense strategy.
5. Medical Conditions
Certain medical conditions can mimic the symptoms of intoxication or affect breathalyzer results. Diabetes, hypoglycemia, and certain neurological disorders can cause symptoms such as slurred speech, unsteady gait, and an unusual odor on the breath. Providing medical evidence to explain these symptoms can cast doubt on the DUI charge.
6. Rising Blood Alcohol Concentration (BAC)
Blood alcohol concentration can continue to rise after a person has stopped drinking. This means that your BAC at the time of the test might be higher than it was when you were driving. If there was a significant delay between the traffic stop and the breathalyzer test, it could be argued that your BAC was below the legal limit while you were driving.
7. Mouth Alcohol
Residual alcohol in the mouth from recent drinking, mouthwash, or other substances can lead to falsely high breathalyzer results. Breathalyzers are designed to measure the alcohol content in your deep lung air, but the presence of mouth alcohol can skew the results. Demonstrating that mouth alcohol was present at the time of the test can be an effective defense.
8. Police Misconduct
Instances of police misconduct, such as coercion, improper procedures, or failure to read your Miranda rights, can be grounds for challenging a DUI charge. Any evidence obtained through misconduct may be inadmissible in court. Documenting and presenting evidence of such behavior can significantly impact the outcome of your case.
9. Witness Testimony
Having credible witnesses who can testify about your sobriety or the events leading up to your arrest can support your defense. Witnesses can provide an alternative account of your behavior and challenge the prosecution's narrative.
10. Lack of Probable Cause for Arrest
Similar to challenging the initial traffic stop, it must be demonstrated that the officer had probable cause to make the arrest. If the officer cannot justify the arrest with sufficient evidence, the case against you may be weakened.
Contact Our Experienced DUI Defense Attorneys for a Strong Defense Strategy!
Each case is unique, and the effectiveness of these defenses can vary based on the specific circumstances. Consulting with an experienced DUI defense attorney is crucial to understanding your options and building a strong defense.
By exploring these defenses, you can increase your chances of a favorable outcome in your DUI case. Reach out to Carroll Troberman, PLLC today at (512) 772-2442 to learn more.