Facing DUI charges can be daunting, with penalties ranging from fines and vehicle impoundment to losing your license and serving some serious jail time. The severity of the repercussions depends on things like your driving history, whether there’s a victim involved, and the laws of the state where the incident occurs. Experienced DUI lawyers like Spartacus Law Firm can employ tactics to help your defense. These are some of the most common ways a DUI charge can be challenged.
Questioning the Legality of the Traffic Stop
One of the first lines of defense is to find out whether the initial traffic stop was legal. The police have to witness you driving incompetently or committing a traffic violation; they can’t pull you over simply because they think you may be under the influence. It’s all about probable cause, or reasonable suspicion. If an officer stops you without either of these, it violates your U.S. constitutional rights.
Challenging the Field Sobriety Tests
There are three standard field sobriety tests (FSTs) that have been sanctioned by the National Highway Traffic Safety Administration (NHTSA).
- Horizontal gaze Nystagmus (HGN): This test involves the officer moving an object horizontally in front of your face as you track it with your eyes. Jerky eye movements can indicate intoxication.
- One-leg stand (OLS): This infamously unreliable test is based on your ability to stand on one leg for around 30 seconds while counting aloud. Wobbling or putting the other foot down can be seen as a sign you’re over the limit.
- Walk and turn (WAT): Here, you’ll be asked to walk along a straight line, typically for nine steps, then turn and follow the line back to your starting position. The officer will watch your balance and judge your ability to count your steps out loud.
All of these tests are highly subjective and prone to error. Statistics show the OLS will be wrong 35% of the time, and that’s during ideal testing conditions. There’s no baseline for performance. Some people just may not be good at these tasks. A skilled attorney can use this in their argument to weaken the prosecution’s case.
Highlighting Health Conditions
Certain medical conditions or physical states can make it look like you’ve been drinking, even if you haven’t had a sip of booze. While some conditions affect your ability in field sobriety tests, others can give a false reading on a breathalyzer machine. Interestingly enough, certain foods and even mouthwash can also influence breathalyzer results. These are some common health conditions that can mimic signs of intoxication:
- Acid reflux
- Diabetes
- Neurological disorders
- Ketosis (high protein, low carb diet)
If a DUI lawyer can present medical evidence to show your behavior or breathalyzer results were influenced by something other than alcohol consumption, your case may be dismissed.
Defending Against DUI Charges
If you have DUI charges brought against you, it’s important to seek experienced legal representation. Defense attorneys with an understanding of federal and state law have plenty of tactics in their arsenal to protect your rights. By questioning the initial traffic stop, challenging the validity of the sobriety tests, and considering your health conditions, they could improve your chances of a favorable outcome.
