Common Defenses Against DUI Charges, Part One

Whether you were slightly over the limit or are facing your third offense, there are common defenses that have proven successful in court against DUI charges. Unlike the urban myths that you can get out of a DUI by tricking the breathalyzer, none of which truly work, a good legal defense is much more effective when it comes to getting out of dodge for a DUI.

If you are pulled over, there is little you can do to avoid having been caught, but that is not the only way to avoid charges. Instead, constructing a defense based on the circumstances of your case has a much higher chance of success.

Improper Stop

To protect the rights of citizens, police are only allowed to stop a driver if they have good reason for suspicion. According to the Supreme Court, this is defined as specific grounds that indicate to police officers that a crime is being committed.

This means a police officer can’t simply feel that the driver is intoxicated. Instead, there needs to be swerving, improperly adhering to traffic laws or similar behavior. If you were not partaking in these behaviors and there were no mechanical issues with your vehicle, and your license, insurance, and registration were all up to date, you could have a case for an improper police stop.

Storage of Blood Alcohol Samples

In order to be charged with a DUI, police must have a proper blood-alcohol analysis done by phlebotomists that are properly trained and licensed immediately after the arrest, or as soon as it can be arranged. Long wait times or testing conducted by someone without proper credentials can get a DUI charge tossed. Further, it is important that the samples are properly maintained. If there is a question of fermentation, contamination or mislabeling, the charges could be dropped altogether due to lack of reliable evidence.

Medical Defense

There are some medical conditions that will give the appearance of drunkenness and also skew a breathalyzer test. If you have such a condition, it can be argued against your DUI charge, especially if your condition causes fatigue or other neurological issues that lead to slurred speech, sinus troubles, and related symptoms.

The best defense is finding the right lawyer. At our firm, we look at the circumstances of each case and create a cohesive strategy individually for each of our clients. Contact us today to find out how we can help.