If you are facing a DUI charge, you may feel as though the evidence is piled up against you and that you have no option available to build a defense. After all, in many instances, a DUI charge may be based on a law enforcement officer’s observations or even based on physical evidence, and it may seem as though your defense case would be fairly weak. However, a knowledgeable attorney with experience with these types of cases may be able to employ one or more strategies to more effectively present your case in the court of law.
The Accuracy Of Blood Tests
One of the strong factors that may appear to be irrefutable in court is the presence of a blood alcohol test that proves that your blood alcohol level exceeds the legal limit. This type of evidence can appear to be strong and undeniable on the surface, but the fact is that there are a number of ways that a positive result on a blood alcohol test can be refuted in court.
- Your attorney can learn more about your case, and he or she may be able to use strategies related to your diet, medical conditions or even how the test was administered to build a shadow of a doubt in the test results.
- For example, an acid reflux condition known as GERD may result in a false positive on the DUI breath test because of the high levels of acid that may be in the stomach.
- If you are diabetic and on a low-carbohydrate diet, you may also have a false positive.
These are just a few of the common defense strategies that may be effective at proving your innocence in court.
The Lack Of A Probable Cause
The fact is that a law enforcement officer is generally not permitted to pull you over without probable cause, or your civil rights may have been violated. It is not a crime to drive late at night, for example. Because of this;
- A police officer may not simply pull you over if you are driving after bar closing hours in your area or if he sees you leaving a bar or a nightclub.
- You must be caught breaking a law, be driving recklessly or have some other probable cause in place before you can legally be pulled over.
- If this is not the case, the fact is that your civil rights may have been violated. If this is found to be true in court, the related DUI charges may be dropped.
Faulty Testing Equipment
Some types of tests and testing equipment that are used to determine if a driver is under the influence may come into question.
- Not all roadside sobriety tests are the same. A balance and coordination test does not necessarily prove that the individual is under the influence, and there may be other reasons for a poor test performance.
- Also, the individual may have an inner ear health issue that causes balance issues.
- In other cases, the equipment that is being used to determine BAC may be faulty, or
- The law enforcement officer may not have used the equipment in the proper manner as indicated by the manufacturer.
- Some equipment are required to be only used by licensed or certified professionals, so even the person testing the defendant may need to be scrutinized as part of a defense strategy.
As you can see, there are many instances when a strong defense can be built to protect an individual who is facing a DUI charge, and this includes instances when the evidence appears to be airtight or irrefutable. If you have been charged with a DUI, you may consider reaching out to a knowledgeable attorney who has experience with DUI defense strategies. This may help you to get the best possible outcome for your case.
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