Facing a DUI charge can be daunting and overwhelming, but it’s important to know that being charged does not automatically mean a conviction. Several defenses can challenge the validity of the charges and potentially reduce or dismiss them altogether. Below, we break down ten of the most common and effective defenses against a DUI charge.
Improper Traffic Stop
For a DUI arrest to be lawful, the police must have had reasonable suspicion to pull you over. This might include erratic driving, a broken taillight, or another traffic violation. If your stop was not justified, your attorney can argue that any evidence gathered during the stop, including breathalyzer results or field sobriety tests, should be inadmissible in court.
Example:
If you were stopped simply because you were driving late at night and not due to any observable offense, this could be considered an unlawful stop.
Challenging the Breathalyzer Test
Breathalyzer devices are not foolproof—errors can result in inaccurate readings. An improperly calibrated or poorly maintained device can produce false results. Additionally, improper use by the officer administering the test may result in unreliable outcomes.
Example:
If the officer did not follow the required protocols for calibrating the breathalyzer before administering the test, your attorney could question the validity of the results.
Improper Field Sobriety Tests
Field sobriety tests, like walking in a straight line or standing on one leg, are subjective and open to interpretation. Factors like uneven pavement, poor lighting, or even physical conditions (like an injury) can affect performance and lead to false conclusions.
Example:
A person with a physical disability might not be able to balance properly, even when sober. This could invalidate the test results.
Contamination of Blood Test Samples
If your case involves blood alcohol testing, contamination or mishandling of the sample could compromise the results. The chain of custody of the blood sample must also be documented to ensure that it was not tampered with or improperly stored.
Example:
If the sample was left unrefrigerated for an extended period, the results could be inaccurate due to fermentation.
Medical Conditions or Medications
Certain medical conditions, like acid reflux, hypoglycemia, or diabetes, as well as prescription medications, can affect breathalyzer results. These situations can mimic the presence of alcohol in your system or impair your ability to perform sobriety tests.
Example:
A diabetic going through hypoglycemia might exhibit slurred speech or unsteady behavior, which could be mistaken as signs of intoxication.
Improper Police Procedures
Law enforcement officers must follow a strict protocol when conducting DUI stops and arrests. Violations of protocol, such as failing to read your Miranda rights or improperly administering the sobriety test, can be grounds for dismissing evidence or the charges entirely.
Example:
If the officer didn’t inform you of your right to remain silent, any statements you made could be excluded from court proceedings.
Lack of Evidence
To prosecute a DUI charge, there must be concrete evidence showing that you were impaired while driving. If that evidence doesn’t exist or is insufficient, the charges may not stand up in court.
Example:
If there is no dashcam footage to support the officer’s claim of erratic driving, this lack of evidence can be used to dismiss or weaken the case.
Challenging the Timing of the BAC Test
Your blood alcohol concentration (BAC) level can vary significantly after your last drink. The timing of BAC tests is critical because levels can increase over time due to absorption. If too much time elapsed between the arrest and the test, this could cast doubt on whether you were legally impaired while driving.
Example:
If you had a drink shortly before being pulled over, your BAC could rise after you stopped driving, making test results potentially misleading.
Rising Blood Alcohol Defense
Related to the timing of BAC tests, the rising blood alcohol defense argues that your BAC was below the legal limit while you were driving but increased afterward due to alcohol absorption. This can be a defense if there is a delay in testing.
Example:
If it took an hour to administer a breath or blood test after the traffic stop, the test might show a higher BAC than you had at the time of driving.
Errors in Police Report
Mistakes in the officer’s arrest report, such as incorrect times, locations, or details about the incident, can undermine the case's credibility. Any discrepancies between the officer’s testimony and the written report can be leveraged in your defense.
Example:
If the officer’s report says you were weaving in traffic, but dashcam footage shows otherwise, that inconsistency could work in your favor.
The Importance of Consulting a Legal Professional
Navigating a DUI charge is complex, and the laws surrounding DUI cases can vary by state. Each of the defenses listed depends on the unique facts of your case, and successfully presenting these arguments requires legal expertise. An experienced DUI attorney can thoroughly analyze your case, identify the prosecution's evidence weaknesses, and build a strong defense strategy.
Denver DUI Lawyer
Facing a DUI charge can be a daunting experience, but you don't have to navigate it alone. At Orr Law Firm in Denver, CO, we specialize in personal injury and DUI defense, offering expert legal representation to help you achieve the best possible outcome. Our experienced attorneys are dedicated to providing personalized service and effective defense strategies tailored to your unique situation. Don't wait to take action—contact us today at (303) 747-4247 to schedule a consultation and take the first step towards resolving your DUI case.