DUI is responsible for one person dying every 39 minutes in the United States. It’s a serious offense with life-changing consequences, including large fines, license suspension, and jail time. However, being charged with a DUI doesn’t make you guilty. The legal defense you choose will depend upon the specifics of your case. You can use many legal defenses to challenge the DUI charges. This article will discuss five elements you can use for your DUI defense strategy.
1. Blood Test Errors
Blood tests are more accurate than breath tests. However, they are not error-free. Issues that can arise include:
- Sample collection contamination
- Improper storage or handling of the sample
- Lab testing or analysis errors
For defense, you can question the chain of custody or the procedures followed in testing to call the results into question. Look into your area’s blood alcohol level limit; for example, Ontario blood alcohol limit is 80 milligrams of alcohol per 100 milliliters of blood (0.08%). Any errors in testing or timing could mean the difference between being within or exceeding this legal threshold.
Additionally, it takes time for alcohol to get into your bloodstream. Your blood alcohol concentration may have been below the legal limit while you were driving. But over the limit during testing if you had alcohol before you got behind the wheel of your car. You can use expert testimony within your law firm to provide what BAC levels do over time. You can also argue that the test results do not accurately reflect the driver’s BAC while driving.
2. Inaccurate Breathalyzer Results
Blood alcohol concentration (BAC) is usually measured using breathalyzer devices. However, these devices are not infallible and can produce inaccurate results. This can be due to:
- Improper calibration
- An operator error
- Alcohol remaining in the mouth (from mouth rinse or a medication)
- Medical conditions such as acid reflux or diabetes
You can challenge the reliability of the breathalyzer by requesting maintenance records and operator training logs. You can also have an expert testimony to question the breathalyzer results.
3. Unlawful Traffic Stop
The legality of the traffic stop is perhaps the most crucial element of a DUI case. You can only be pulled over when law enforcement has reasonable suspicion. The court can rule any evidence during the stop inadmissible if they can’t show a valid reason. Logical reasons include erratic driving, speeding, or a broken tail light.
For example, a police officer stops a car without any traffic violation. The court will likely determine this as a hunch and not on reasonable suspicion. If your attorney can prove that the stop violated your Fourth Amendment rights, it may lead to the dismissal of your case.
4. Improper Administration of Field Sobriety Test
One of the most common ways you can determine impairment is through FSTs. These include walking, turning, standing on one leg, and using the horizontal gaze nystagmus test. However, several factors can render these tests unreliable:
- Poor lighting or an uneven surface
- Physical disabilities or medical conditions
- Nervousness or fatigue
- The officer’s improper instructions
For example, a driver with vertigo fails the walk-and-turn test. Their attorney can confidently claim that the medical condition, not intoxication, skewed the results. For your defense strategy, cite the conditions under which the test occurred. You can also note that the officer did not follow standard procedures.
5. Challenging Officers Claims
The officer’s observations provide probable cause in many DUI cases. However, these observations can be subject to bias or misunderstanding. As an example, let’s say an officer reports that the driver had slurred speech and bloodshot eyes. In response, the defense says the symptoms were not because of alcohol but of allergies or fatigue. For your defense, you can also provide personal information and evidence, such as medical records or eyewitness testimony, that explains the symptoms without implicating alcohol consumption.
Endnote
While DUI charges are serious and have severe consequences, you can beat them. You can build a strong case by using defenses such as questioning blood test errors, breathalyzer accuracy, the legality of the traffic stop, improper field sobriety test administration, and challenging officer claims.
However, there is no one answer or way to handle your case, as each defense depends on the specific circumstances of your case, so you should consult an experienced attorney. Remember, you can protect your rights and get the best possible outcome with the right strategy.
