Driving under the influence (DUI) is a common and serious offense that can harm not only your life but also others on the road. While DUI charges can vary based on the jurisdiction, most carry hefty fines, license suspension, and even imprisonment. But do you know that you might have a defense against DUI charges?
Lack of Probable Cause
One of the most common defenses against a DUI charge is a lack of probable cause. Police officers must have reasonable suspicion if they want to stop any driver and probable cause to make an arrest. If the officer did not have a valid reason to stop your vehicle, your defense attorney can argue that the entire case is based on an unlawful stop.
Breathalyzers and field sobriety tests are two common devices used to determine the presence of alcohol in a driver's blood. However, these devices are not perfect, and mistakes can occur, leading to inaccurate measurements. Your attorney can investigate whether the officer followed the proper procedures for administering these tests and challenge the results if they think it's a good idea.
Unreliable Blood Tests
When breathalyzers and field sobriety tests are not conducted or do not provide adequate evidence against you, a blood test may be conducted. However, like other tests, blood tests are not always reliable. Your defense might get the blood sample retested in a private laboratory for errors by the government lab or negligent DNA testing.
Faulty Equipment Maintenance
Police officers must keep their equipment in good working condition, and regular maintenance is essential to ensure that breathalyzers and other devices provide accurate readings. If there is evidence of device failure or no established protocol to show proper maintenance, your attorney can challenge the evidence presented in court.
Several medical conditions can bring forth false-positive blood alcohol concentration readings. Your attorney can argue that the inaccurate BAC levels shown in a breathalyzer or blood test were due to your medical condition. Medical reasons for substances on the breath, diet, or even using mouthwash before the breath test can cause false positives.
What You Ought to Do Next
Even when a DUI charge seems insurmountable, never give up hope. Before accepting guilt, always speak to a defense attorney to explore your options. With the right defensive strategy, you may be able to reduce or dismiss the charges against you and protect your driving privileges, reputation, and freedom.
Contact a local criminal defense attorney to learn more.