If you’ve been charged with driving under the influence, then you’re probably at a point where you’re feeling scared, embarrassed, and frustrated. You might even be a little angry about how the whole process is going down. Thankfully, there are plenty of ways to fight back.
- Questioning the Accuracy of Breathalyzer Tests
Breathalyzer tests are commonly used by law enforcement to measure your blood alcohol content (BAC). However, these devices aren’t perfect, and their accuracy can be challenged.
“Police officers must follow strict rules and standards to calibrate the breathalyzer and blood tests, and there are many ways to challenge the validity of the outcome,” SBBL Law explains.
Additionally, factors like residual mouth alcohol, certain medications, or even using breath mints or mouthwash can produce falsely elevated BAC readings.
“We routinely obtain case dismissals based on successful challenges to the field sobriety tests, breathalyzer results, and blood alcohol content tests,” SBBL Law continues.
Your defense attorney can request maintenance records for the breathalyzer used during your stop. If there’s evidence that the device wasn’t properly calibrated, you could argue that the test results were unreliable, potentially leading to the dismissal of the charges.
- Disputing the Traffic Stop
To pull you over, the police must have a valid reason, known as “reasonable suspicion.” This means that the officer needs to have observed you breaking a traffic law or behaving in a way that suggests you’re impaired, such as swerving between lanes or driving erratically. Without this reasonable suspicion, the traffic stop – and everything that followed – could be inadmissible in your case.
If the officer didn’t have a legitimate reason to stop you, your attorney can challenge the stop itself. If successful, this could lead to evidence being suppressed, meaning that breathalyzer results, field sobriety test results, and any observations made during the stop may be thrown out. In many cases, a successful challenge of the traffic stop can result in the charges being dropped altogether.
- Challenging the Officer’s Observations and Conduct
In addition to breathalyzer tests, officers often rely on field sobriety tests and their own observations to build a case for DUI. However, these observations can be subjective and influenced by various factors. For example, an officer might note that you were swaying or slurring your speech, but these could be caused by nervousness, fatigue, or even a medical condition.
Field sobriety tests, like walking in a straight line or standing on one leg, are often unreliable, especially if you’re tired, nervous, or have physical limitations. Your attorney can argue that these tests are not a true measure of impairment.
Further, if the officer acted unprofessionally or violated your rights during the arrest – such as failing to read you your Miranda rights or using excessive force – these procedural errors could be grounds for dismissing the charges.
- Citing Medical Conditions
There are several medical conditions and external factors that can interfere with the results of both breathalyzer tests and field sobriety tests. For instance, conditions like acid reflux, GERD (gastroesophageal reflux disease), or diabetes can skew breathalyzer results because they affect the balance of alcohol in your breath versus your bloodstream.
Similarly, conditions like vertigo, injuries, or even inner ear infections can make it difficult to perform balance-related field sobriety tests. If you have a medical condition that could have affected your test results, your lawyer can present this as a defense, arguing that the tests were not an accurate reflection of your sobriety.
- Proving Procedural Errors in Evidence Handling
In any legal case, the handling of evidence is crucial. DUI cases often involve several pieces of evidence, including breathalyzer test results, dashcam footage, and the officer’s reports. If any of this evidence was mishandled or improperly stored, it may be inadmissible in court.
For example, if there is a gap in the chain of custody for your blood or breath test results – meaning there’s no clear documentation of who handled the sample and when – it could lead to questions about the integrity of the evidence. Similarly, if the officer didn’t follow proper protocol when administering the breathalyzer or sobriety tests, this could cast doubt on the validity of the evidence.
The Importance of Hiring a Skilled DUI Attorney
While these five defense strategies can help challenge a DUI charge, successfully using them requires a pretty deep understanding of the legal system and the specific laws governing DUI cases in your state. Hiring a knowledgeable DUI defense attorney is a non-negotiable step to navigating the complexities of your case and maximizing your chances of a favorable outcome.
An experienced attorney will know how to investigate the circumstances of your arrest, challenge evidence, and build a strong defense tailored to your unique situation. Don’t hesitate to reach out to an attorney as soon as possible.
Think About Your Future
There are short-term consequences of a DUI conviction, and then there are long-term consequences. While it’s natural to spend most of your energy thinking about the immediate ramifications, don’t ignore how this could impact your future – including future job opportunities, housing, relationships, and your reputation.
While a DUI conviction isn’t the end of the road, it can certainly put you in a challenging place. By hiring a DUI attorney and proactively fighting the charges, you can give yourself the best chance at a positive future. Good luck!
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Eamon