A DUI charge can feel like a dead end, but it’s not always as open and shut as it seems.
A lot of people assume that if they’ve been arrested for driving under the influence, they have no choice but to plead guilty.
In reality, DUI cases are more complicated than you might think. And the right legal strategy can sometimes transform the outcome of a case from conviction to dismissal.
If you’re facing DUI charges, knowing your options is crucial. Let’s break down some of the most effective defenses that have successfully helped drivers challenge DUI allegations.
The Traffic Stop Wasn’t Legal
Nobody can just pull you over without a reason. Yes, even the police.
Police officers need probable cause to pull a driver over, like swerving, speeding, or running a red light. If they stop you without justification, your lawyer may be able to challenge the entire case.
But what if they have evidence like a breathalyzer test or field sobriety results? Well, if the stop itself was illegal, any kind of evidence that was gathered afterward may be thrown out in court.
And without that evidence, prosecutors don’t really have much of a case left.
Field Sobriety Tests Are Unreliable
Think about it. If you were asked to stand on one leg or walk in a straight line under normal circumstances, would you be able to do it perfectly?
Now imagine doing it under stress, late at night, with flashing lights on your face.
Field sobriety tests can be very subjective, and many factors can lead to a failing score.
These factors include:
- Fatigue
- Anxiety
- Poor balance (which has nothing to do with alcohol)
- Confusing instructions from the officer
If an officer claims you were impaired based on these tests alone, a skilled lawyer can challenge their reliability.
Some states allow you to decline field sobriety tests without any consequences. So, if you’re in a place like Oregon, you can simply refuse to take the test.
However, if you did refuse, and the officer still asked or even forced you to perform, start looking for Hillsboro DUI attorneys immediately.
Faulty Breathalyzer Readings
Breathalyzers are widely used in DUI cases, but they’re not immune to errors. Like any other machine, breathalyzers can have faulty readings too.
These machines need regular maintenance and proper calibration to show accurate readings. If there’s a discrepancy in how the device was handled, it can be used to cast doubt on the validity of your test results.
Some common issues with breathalyzers that you can use for your defense include:
- The device wasn’t calibrated properly.
- The officer administering the test wasn’t trained adequately.
- Medical conditions – like acid reflux, asthma, or diabetes – affected the results.
- Other factors like diet or mouthwash interfered with the test.
A lawyer can investigate whether the breathalyzer used in your case was in perfect working order or if there’s a reason to believe it gave a false reading.
The Officer Didn’t Follow Proper Procedure
There’s a process that law enforcement must follow when conducting a DUI stop, arrest, and testing. Regardless of how drunk you actually are or how illegal your actions may be, you still have civil rights.
If an officer violates your rights, cuts corners, or skips crucial steps, it can weaken the case against you.
Some potential concerns that you can raise are:
- The officer didn’t inform you of your rights, otherwise known as the Miranda warning.
- They didn’t handle the test samples properly.
- They coerced or misled you.
A DUI charge doesn’t just rely on whether you were driving drunk. It also depends on whether the police followed the law.
If they didn’t, your attorney might be able to get the case thrown out.
Blood Test Errors
Blood tests are usually seen as the most accurate way to determine a person’s blood alcohol concentration (BAC). However, errors in the collection, storage, or analysis of these samples can lead to incorrect results.
Things that can go wrong include:
- Contamination of the sample.
- Delays in testing that allow fermentation (which increases BAC levels).
- Improper handling of the sample.
If there’s reason to believe your blood test was mishandled, your attorney can challenge its validity.
Rising Blood Alcohol Defense
This defense argues that your BAC was below the legal limit while driving, but it rose above it by the time you were tested.
Alcohol takes time to absorb into the bloodstream. So, if you were pulled over right after drinking but tested much later, your BAC could have been higher at the time of testing than when you were actually behind the wheel.
Timing matters, and if prosecutors can’t prove that your BAC was above the limit while you were driving, the case against you may weaken.
Medical Conditions or Medications Mimicked Intoxication
Certain medical conditions and medications can also produce symptoms that seem like you’re drunk or impaired, leading to a wrongful DUI arrest.
Some conditions that can mimic intoxication are:
- Diabetes. It can cause low blood sugar, leading to confusion and slurred speech.
- Neurological disorders. They may affect your coordination and balance.
- Allergies or colds. Some medications cause drowsiness, dizziness, or pupil dilation.
If you have a medical reason that could explain your symptoms, it might serve as a strong defense in court.
You Weren’t Actually Driving
Believe it or not, you can be charged with a DUI without actually driving.
If you were found in your parked car while intoxicated, police might assume you had been driving earlier. However, if there’s no solid proof that you were operating the vehicle, the case may fall apart.
Some factors to consider are:
- Was the car running?
- Were the keys in the ignition?
- Were you in the driver’s seat or sleeping in the back?
If the evidence isn’t clear, your lawyer can argue that there’s no proof that you were driving under the influence.
A DUI Charge Doesn’t Always Mean a Conviction
A DUI arrest might feel like a charge that you can’t defend, but the lawyers have many defenses to challenge it.
You can fight back with the help of legal representation. An experienced DUI attorney can evaluate the specifics of your case and look for the best strategy for your defense.
Whether it’s an unlawful stop, faulty test results, or a procedural mistake, the right legal approach can help you get your charges dropped and avoid a conviction that you don’t deserve.
