If you are facing drunk driving charges, you have various options when preparing for a defense. There are affirmative defenses available in a few cases, even if there is evidence supporting the charge. The most common defenses include challenging the arresting officers 'acts before the arrest and questioning the evidence's ethics. It is important to reach out to a DUI lawyer and talk about your possible defenses. With a strong defense, you can:
- Prevent your driving license from being suspended
- Reduce the charges
- Have your case dropped completely
- You can also win an acquittal during the trial
In this blog, we will discuss some of the most common defenses that you can use if you are facing DUI charges.
Defenses Related to Actual Driving
In various states, the only time you can be arrested is when you are driving. If the police found your car parked or when you were sleeping inside, you have a great defense against your arrest.
In other states, for a DUI conviction, the prosecution does not need proof that you were driving. They need proof that you were in physical control or operating the vehicle while under the influence. In short, you can also be convicted even when you were not driving.
Defense Related to Impairment or Intoxication
There are various ways of proving a driver’s intoxication. There are chemical tests carried out that show the number of drugs and alcohol present in his/her system. During the trial, the arresting officers can also testify on the driver’s impairment according to their observation.
Challenging Chemical Test Results
The results of the chemical tests can show the exact amount of alcohol in your blood. It is unlawful to drive or operate a car with a more than 0.08% blood alcohol concentration. Hence, you could be convicted if the results show a greater blood alcohol concentration.
You can use the following defenses to challenge the drug or alcohol test results:
- The testing procedure was faulty, or they failed to use the right testing procedure making the results unreliable.
- The measurement of the alcohol or drug amount was inaccurate.
However, in these kinds of defenses, you may need the testimony from an expert who witnessed the whole process.
Challenging the Testimony given by The Arresting Officer Regarding your Actions
During prosecution, the observations of the arresting officer are important for proving a DUI for actual impairment. Some of the officer’s observations that can prove impairment include:
- Driving poorly
- Slurred speech
- Bizarre behavior
- Alcohol odor
- Poor field sobriety test
- Red eyes
Although it can be hard to convince the prosecutor that the officer's observations were wrong, you can challenge the observations' credibility. With a skilled DUI attorney, you can fight the DUI charges against you using this defense.
Introduce Witnesses Who Saw Things in a Different Way
You can bring witnesses who were physically present at the location of your arrest and made different observations from the officers. Unluckily, in most cases, there are no witnesses present. If the only witness was a person riding as a passenger in your vehicle, their statement might not be liable as the judge may rule that their statement is biased.
Present Valid Explanation for Your Behavior and Appearance
You can argue that your appearance and behaviors were not impacted by intoxication. For instance, some of your behaviors were caused by either a disability or fatigue. Red eyes could also be a result of irritation or allergies.
Defenses Against Arrest Procedures
You would have a good defense to your DUI charge if the arresting officer did not follow the right arrest procedures. Your defenses on arrest procedures may involve claiming that the police stopped and arrested you unlawfully. You should let your attorney know the circumstances regarding your arrest to determine if it was done legally. There should be enough reason for the judge to eliminate certain pieces of evidence.
No Probable Cause
The police are supposed to have probable cause to pull you over and arrest you. The officers need to have a valid reason to trust that either you or someone riding in your vehicle has done something illegal. However, roadblocks and DUI checkpoints do not apply in these probable cause rules. If the arresting officers stopped you and arrested you without a valid reason, the judge can rule that any evidence obtained in the process be dismissed.
On the other hand, a valid stop does not mean that the DUI arrest is legal. The police officers should have a valid reason to trust that you were driving or operating a vehicle under the influence. Breath tests and observations are some of the probable cause for a DUI arrest by the police. It can be complicated trying to challenge the two forms. From their observation, the officer may say that you smelled alcohol, performed FSTs poorly, and also had a slurred speech, which is a reasonable probable cause according to most judges. In case the breathalyzer results prove that your blood alcohol concentration was above the limit, challenging this may be complex.
No Miranda Warnings
Miranda warnings are crucial in cases associated with DUI. Before questioning a DUI suspect in custody, the police are supposed to give Miranda warnings to him/her. If he/she makes statements that are implicating, the statement will likely be used as evidence.
Not Allowed to Reach out to an Attorney During the Investigation
Every suspect has the right to contact an attorney after being arrested. This right is vital in DUI charges because these charges carry serious penalties and the suspects need time to obtain possible defenses. Evidence acquired after violating the defendant’s right to counsel may be terminated from the case. At times the case can also be dismissed entirely.
Diabetes, Hypoglycemia or a High Protein Diet Interfere With your BAC
Carbohydrates fuel our bodies. Certain instances force our bodies to break the stored fats in the body to 'fuel.' These instances are:
- Diabetes
- Fasting
- A diet of high protein and low carbohydrates can also cause this
When the body is burning the fats, it produces ketones through the liver. These ketones are like isopropyl alcohol. Because ketones are excreted through breath, they may lead to fake results with high BAC.
The ketones can also cause alcohol-like symptoms like:
- Lack of coordination
- Confusion
- Alcohol-like odor
You could challenge the fake BAC results if they were due to your diet or illness.
The Blood Test Chain of Custody
If the prosecutor can not show a clear chain of custody for your blood, you can use it as defense and question if the blood was tampered with.
Rising Blood Alcohol Concentration
If your blood alcohol concentration was rising when you were stopped, the chemical test results could be faulty. You could also have consumed alcohol recently, and alcohol concentration rises after sometime. You could have a strong defense for your case since what matters is that the blood alcohol concentration was above .08% at the time you were driving.
The Arresting Officer Did not Make a 15 Minute Observation
Before administering a breathalyzer, the police should make a 15 minutes continuous watch on the suspect. The police should ensure that during the 15 minutes, the suspect does not burp, hiccup, belch, regurgitate, or consume anything because this can make the alcohol move to the mouth from the stomach.
Most police officers fail to follow this procedure. In most cases, they go directly to writing reports, performing paperwork, and communicating with their partners, shifting all their attention away from the suspect. With this defense, you can also question the credibility of the test results. With an experienced DUI attorney, you can have the results removed from your case.
The Officer has No Baseline for Your Performance on Field Sobriety Tests
To prove your impairment, most officers will claim that your performance on the field sobriety tests was poorly performed. But they have no previous results to compare to. They would not know how you would have performed in normal circumstances.
Various factors determine the performance of a person on the field sobriety tests. These factors include:
- The fitness level
- Natural balance level
- Age
- Injuries
- Practice
- Composure under pressure
You can use this as your defense and have some evidence removed, and in other cases, your charges could be dropped.
Find a DUI Defense Attorney Near Me
In most DUI investigations, the rights of the suspect are violated. These violations are the base of creating a great defense to your DUI charge, and having an experienced and skilled attorney increases your chances of winning the case. You can also challenge the BAC test results depending on how and when they were administered, among other defense strategies.
At The Law Offices of Ross Howell Sobel we know how to apply these defense strategies depending on your case and possibly have your charges reduced or dropped entirely. Call us at 818-582-2350 to discuss how we can help build a solid defense against your charges. Contact us if you have been charged with a DUI in the San Gabriel Valley area.
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