Examples of Arguments to Beat a DUI Charge
A DUI charge can severely impact your record and lead to monetary fines—even on your first account. When facing a DUI charge your best bet is to work with a qualified attorney. As your lawyer will tell you, “you’re innocent until proven guilty” and there are some ways that you can fight a DUI charge. While these are never arguments you should try to make on your own, these are arguments that an attorney might help you identify and use should you be charged with a DUI.
Faulty Breathalyzer Test
A DUI breath test is the most common test for detecting alcohol concentration in your blood (BAC). However, while these tests are used the most often that doesn’t mean they’re the most accurate. Instead of measuring the concentration of alcohol directly, they measure the alcohol on your breath and then multiply that figure to estimate your alcohol level. This ratio is 1:2100, but actual ratios can range between 1:1300 to 1:3000+ depending upon factors like weight and gender. Additionally, some breathalyzers can read a false positive due to errors like miscalibration.
No Probable Cause
For an officer to pull you over and check to see if you were drunk driving, there has to be probable cause or reasonable suspicion. For drunk driving, this generally means showing NHTSA driving impairment behaviors such as running red lights or speeding. And may also mean swerving while on the road or exhibiting any other driving patterns that might indicate impairment. If the officer had no probable cause it’s possible for your lawyer to dismiss any evidence obtained during an illegal search. While this doesn’t automatically mean your DUI charge will be dismissed, it does mean there’s a higher likelihood.
Inaccurate Field Sobriety Tests
Officers will often administer field sobriety tests to determine if an individual is under the influence of alcohol or drugs. However, the tests are far from always being the most scientific. Factors such as being overweight or having other health conditions, wearing restrictive clothing, having improper footwear, and even bad weather conditions, can all obscure results.
Inaccurate Blood Tests for Drunk Driving
Sometimes you might receive a blood test to see if you had alcohol in your system. However, sometimes these tests can become inaccurate as blood tests will normally sit out for days. During this time, blood can decompose and be turned into alcohol. For example, it’s possible for blood samples with no alcohol to eventually yield an alcohol concentration level of 0.25 or higher.
These are just some of the defenses an attorney might be able to use. Ultimately, if you are facing a DUI charge, having an attorney by your side should always be your first step. Even if your attorney finds there’s no way to directly fight the charge, they can still help you receive a lesser charge or sentence. For a DUI lawyer, our friends at the Greenberg Law Offices have a team of lawyers that can help.