DUI Defenses
There are many possible defenses to a DUI charge, which your lawyer will review with you. Depending on the circumstances of your case, you may be surprised at the many weaknesses in the prosecution’s claims. For example, let’s say that you failed a breath test by having a blood alcohol content of .08%. There is not an absolute guarantee that this percentage is even correct. Breathalyzer tests are not 100% accurate in determining a person’s blood alcohol content. After all, it’s not actually measuring the alcohol in your blood. It’s actually a measure of the alcohol on your breath, which is then converted using an assumed 2100:1 ratio.
Other problems associated with the breathalyzer machines are that the officer must be properly trained on how to use that machine and also make sure that it is functioning properly and has been calibrated. Assuming that your BAC was correct, there are still other defenses.
For instance, did the police have probable cause to conduct a DUI investigation? When you were stopped, the officer pulled you over for a traffic violation. After this, what did the police officer observe to make them believe that you were DUI? They cannot just launch into an investigation without probable cause. If they smelled alcohol coming from the vehicle or observed strange behavior on your part, that’s one thing. However, if there was no reason to believe this, you should have been let go once they spoke to you about the traffic violation.
Also if you were given a field sobriety test, this should be reviewed with your lawyer to make sure that your rights and freedoms are protected. Police must follow certain protocol when conducting these tests to ensure your safety and to give you a reasonable chance to pass the test. You should not be asked to perform this test if conditions are poor (if you’re on a hill, if it’s too dark, if it’s slippery, etc.).
Remember that these are just some of the possible defenses to a DUI charge. For more specific information regarding your case, you should speak with your lawyer.
