Charged With A Dui? 5 Defenses That Work In Practice
A recent report from the Centers for Disease Control and Prevention noted that approximately one million people are arrested for driving under the influence each year in America. This is a serious charge that can have significant consequences, including losing your license, hefty fines, and jail time. Creating a defense for such a charge can be complicated, but it may be possible to have a case like this dismissed or the charges reduced. In practice, the following 5 defenses have proven effective at times.
1) Unwarranted Traffic Stop
One common defense strategy entails challenging the validity of the traffic stop. Law enforcement officials must have valid reasons for pulling people over. Those can include running a red light or stop sign, speeding, or drifting into oncoming traffic. They can’t simply pull people over to see if they’re driving under the influence. If the arresting officer had no legitimate reason for pulling you over, a Nashville dui lawyer could argue that any evidence gathered during the stop is inadmissible.
2) Challenging Field Sobriety Tests
Officers often use field sobriety tests to determine if drivers are impaired. Standard FSTs include the walk and turn test, standing on one leg, and the horizontal gaze nystagmus test. Those tests can indicate a person’s level of intoxication, but they’re notoriously fallible. Nystagmus is a condition that includes rapid involuntary eye movements, and it has several causes besides intoxication. Many people can’t walk heel-to-toe in a straight line or stand steadily on one leg even if they’re completely sober. With all that being the case, your lawyer could challenge the validity of any field sobriety tests administered to you when you were arrested.
3) Violation Of Miranda Rights
Per the Miranda Warning, you have the right to remain silent and speak to an attorney when you’re arrested. Though you may be aware of those rights, officers are still required by law to inform you of them. If the officer who arrested you failed to do so, that could lay the foundation of your defense. This type of defense is designed to protect people’s constitutional rights. If you said anything incriminating to the arresting officer without having the Miranda Warning quoted to you, those statements should be inadmissible in court.
4) Questioning Breathalyzer Accuracy
Officers commonly use breathalyzer tests to determine people’s blood alcohol content when they’re suspected of driving under the influence. As is the case with field sobriety tests, this isn’t necessarily a foolproof strategy. Those devices need to be calibrated properly and regularly to be accurate. A lawyer could use that in your favor. Lawyers may question whether the calibration process was carried out properly or challenge the device’s maintenance records. If either of those factors proves to be flawed, the results of your breathalyzer test may be dismissed.
5) Rising Blood Alcohol Content
It may be possible to use rising blood alcohol content as a defense. Absorbing alcohol is a gradual process, so peak BAC may not happen immediately after drinking. A lawyer could point out that your BAC may have been within legal limits when you were operating your vehicle but increased by the time the breathalyzer test was administered. Proving this in court is particularly difficult, though.
Defending Against A DUI Charge
Being charged with driving under the influence of drugs or alcohol can have serious repercussions. Because of that, having a strong defense is essential. Having a lawyer on your side can greatly impact the outcome of your case. While the defenses mentioned here aren’t guaranteed to get your charges dismissed, they could potentially create reasonable doubt.
