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If you’ve been charged with driving under the influence (DUI), you may feel like the situation is hopeless. However, DUI charges are not always open-and-shut cases. Several defense strategies can be employed to challenge the prosecution’s case against you. An experienced DUI attorney can examine your arrest's circumstances and determine the best defense for your situation.
Below are 10 common defenses to a DUI charge that could help you fight the accusations.
1. Improper Traffic Stop
For a DUI arrest to be valid, the police must have a legitimate reason to pull you over. If there was no probable cause for the traffic stop, such as speeding, swerving, or a broken taillight, any evidence collected after the stop, including breathalyzer results, may be inadmissible.
2. Faulty Field Sobriety Tests
Field sobriety tests are often used to establish probable cause for a DUI arrest, but these tests are notoriously unreliable. Factors such as uneven surfaces, poor weather conditions, or a person’s physical limitations could cause poor performance, unrelated to intoxication. If your test was administered incorrectly, it may be grounds for dismissal.
3. Inaccurate Breathalyzer Test
Breathalyzer machines are not foolproof. They require regular calibration and proper maintenance, and the person administering the test must be trained in its use. The results may be inaccurate if the device was not maintained correctly or the officer was not properly trained.
- Examples of breathalyzer errors:
- Calibration issues
- Interference from certain medications or mouthwash
- Improper handling by the officer
4. Rising Blood Alcohol Levels
Blood alcohol concentration (BAC) levels can continue to rise after you’ve stopped drinking. If you were pulled over and had a drink shortly before driving, your BAC could be below the legal limit at the time of the stop but rise to an illegal level by the time of testing. This defense argues that you were not legally intoxicated when driving.
5. Medical Conditions
Certain medical conditions, such as acid reflux, diabetes, or even dental work, can produce inaccurate breathalyzer results. For example, acid reflux can cause alcohol vapors from your stomach to rise to your mouth, falsely elevating your BAC reading.
6. Improper Police Procedure
Law enforcement officers must follow strict procedures during a DUI investigation. If they fail to follow protocol, such as not reading their Miranda rights or conducting an unlawful search, it may be possible to have evidence suppressed or the charges dismissed.
7. Inaccurate Blood Test
Blood tests are generally considered more accurate than breath tests, but they are still subject to errors. Contamination, improper storage, or mistakes during the drawing process can lead to inaccurate results. An experienced DUI attorney can investigate the handling of your blood test for any potential issues.
8. No Evidence of Impairment
In some cases, a person’s BAC may not be over the legal limit, yet they are charged with DUI based on the officer’s subjective observations. If there is little to no concrete evidence of impairment, such as poor driving or slurred speech, this could serve as a defense.
9. Mouth Alcohol
The breathalyzer is designed to measure alcohol from deep lung air. However, alcohol in your mouth can lead to artificially high BAC readings. This could occur if you’ve recently used mouthwash, or cough syrup, or have belched just before the test.
10. Witness Testimony
If someone was in the car with you and can testify that you were not impaired, this may bolster your defense. Additionally, if there were bystanders or surveillance cameras that captured your driving behavior, this evidence may support your case.
Fight Your DUI Charge with Expert Legal Defense from Our Summerville Attorneys!
A DUI charge is serious, but it doesn’t have to result in a conviction. By working with a skilled attorney, you can explore these potential defenses and challenge the evidence against you. If you're facing a DUI charge, contact TMW Law today at (843) 891-6100 to discuss your case and protect your rights.