Being charged with Driving Under the Influence (DUI) can feel like an uphill battle, but it's important to remember that every case has a defense. DUI charges don’t automatically lead to a conviction, and with the right strategy, you can challenge the evidence and the procedures that led to your arrest. Below, we explore 10 potential defenses to a DUI charge that could protect your rights and your future.
1. Lack of Probable Cause
One of the first steps in any DUI case is to determine whether the police officer had probable cause to stop you. If the officer lacked a valid reason—such as erratic driving or a traffic violation—the stop could be considered unlawful, and any evidence gathered afterward may be suppressed.
2. Faulty Breathalyzer Test Results
Breathalyzer machines require regular maintenance, calibration, and proper operation. If there are issues with the device or if the officer administering the test was not properly trained, the results may be inaccurate and open to challenge.
3. Inaccurate Field Sobriety Test Results
Field sobriety tests are subjective and prone to error. Poor weather conditions, uneven road surfaces, or physical impairments unrelated to alcohol consumption can affect your performance and make the results unreliable.
4. Rising Blood Alcohol Defense
Your blood alcohol content (BAC) may have been under the legal limit while you were driving but rose above it by the time you were tested. This defense can be particularly effective if there was a delay between your stop and the administration of a BAC test.
5. Medical Conditions
Certain medical conditions, such as acid reflux, diabetes, or a low-carb diet, can lead to falsely high BAC readings. These conditions can create mouth alcohol or ketones that skew breathalyzer results.
6. Improper Police Procedures
If the arresting officer failed to follow proper protocol during your stop, field sobriety tests, or arrest, it could result in the evidence against you being thrown out. This includes failing to inform you of your Miranda rights or improperly conducting tests.
7. Contaminated Blood Tests
Blood tests must be handled carefully to ensure accurate results. If the sample was improperly stored, transported, or contaminated, your attorney could challenge its validity in court.
8. Contradictory Witness Statements
Eyewitnesses, including passengers and even the arresting officer, may offer accounts that are inconsistent or inaccurate. Cross-examining these witnesses can uncover contradictions that weaken the prosecution’s case.
9. Dashcam or Bodycam Evidence
Video footage from police dashcams or bodycams can be critical in corroborating—or contradicting—the officer’s account of your behavior during the stop and arrest.
10. Necessity Defense
In rare situations, you may be able to argue that driving under the influence was necessary to avoid a greater danger, such as escaping a life-threatening situation.
Key Points to Remember
- Police must have probable cause to stop you.
- Faulty testing equipment or improper procedures can invalidate evidence.
- Your health conditions or external factors may explain test results.
- Skilled attorneys can find inconsistencies in witness accounts or video evidence.
Why You Need an Experienced DUI Attorney
Each DUI case is unique, and the best defense for your situation depends on the specific circumstances of your arrest. A skilled attorney can analyze the evidence, identify flaws in the prosecution’s case, and craft a strong defense strategy.
Reach out to The Law Office of Justin Rosas today at (541) 933-5972 to learn more.