A DUI is a very serious offense to be charged with and requires the best defense enable to lessen the effects on your life. Otherwise, it can be devastating to your life, reputation and your finances. Many people have heard the crazy legends on how to beat a DUI when you are pulled over by a police officer including eating a breath mint or sucking on a clean penny. Unfortunately, these crazy tactics have been debunked many times over. Once you have been convicted, you will need to start planning your defense.
In some cases, there are circumstances where defendants can prove the charge was not legal. Each state has its own DUI laws and everyone’s case will be dealt with differently. Your best chance is to consult with a lawyer who has experience dealing with and fighting DUI convictions for their clients. Below are some ways your lawyer may build a defense to fight your DUI charge.
Certain medical conditions can create the appearance of being under the influence. Additionally, some medications can affect the results of the roadside breathalyzer test you took. Neurological issues and chronic fatigue can cause symptoms such as slurred speech and watery eyes.
Many police officers will suggest that they smelled alcohol on a citizen they pulled over. Some diabetics have breath that smells like alcohol because of ketosis. Ketosis happens when the glucose in an individual’s bloodstream gets fermented and may also cause a false positive on the breathalyzer test.
In rare cases, people may be forced to drive themselves or someone else while intoxicated to help avoid serious injuries or death. When this happens, the DUI has been charged to an individual who was under duress and saw no other options at that time. While difficult to prove, this defense strategy can often prove effective.
A surefire defense strategy to fight a DUI includes proving entrapment by a police officer. If an officer encourages someone to drive while intoxicated, it is called entrapment. To prove this defense, the driver will need the show that they would have not driven under the influence if they were not entrapped by the officer.
Improper Field Sobriety Testing
As quickly as possible after an arrest has been made for a DUI charge, the police need to arrange an analysis of the blood alcohol test given. The test needs to be completed by a licensed phlebotomist in order to be accurate and possible. Unreasonable wait times or tests completed by technicians who are untrained could lead to an effective defense strategy for fighting a DUI charge.
Officers are required by law to make sure blood samples they take are saved properly after taken to avoid contamination, fermentation or mislabeling. If there are any questions to the integrity of blood samples, the results could be thrown out in the case. That will leave the prosecution with little to no evidence to rely on when proving their case against the defendant.
Miranda Violations and Improper Interrogations
Police are required to inform suspects they pull over when they are officially under arrest. The Miranda rights are necessary to allow citizens to distinguish between mere conversations with a police officer and being arrested. As soon as the arrest is made, officers are required to immediately advise a suspect of their rights. These rights include the right to remain silent, a right for court-appointed counsel and the right to hiring an attorney. Failure of an officer to properly interrogate or inform a citizen of their rights can lead to a case being thrown out or evidence being excluded.
Accused Was Not Driving
For some DUI defense strategies, questions may come about over whether or not the person charged was actually the person driving at the time. A passenger might have thought they were sober and switched places with a driver but then ended up failing their sobriety test or the breathalyzer.
These are some of the more common defense strategies for fighting a DUI charge. Even if you believe you actually were a little inebriated, you may still have a defense. Hiring the proper legal help is necessary to fight your charge. A legal professional will be able to help you protect your rights and get the best possible outcome for you.