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10 Defenses to a DUI Charge

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Facing a DUI (Driving Under the Influence) charge can be a daunting experience, but it's important to remember that being charged doesn't automatically mean conviction. Several defenses can be employed to challenge a DUI charge.

Below are ten common defenses that could help in building a solid case.

1. Illegal Traffic Stop

One of the first lines of defense is questioning the legality of the traffic stop. The police must have a valid reason to pull you over, such as observing a traffic violation or behavior indicative of impaired driving. Any evidence gathered during the stop may be inadmissible in court if the stop was illegal.

2. Improper Field Sobriety Test

Field sobriety tests (FSTs) are often subjective and prone to errors. Physical conditions, nervousness, or even poor weather can affect performance. Challenging the administration and accuracy of these tests can sometimes lead to a dismissal of charges.

3. Inaccurate Breathalyzer Results

Breathalyzers are not infallible. Factors such as improper calibration, device malfunction, or even certain medical conditions can lead to false readings. Demonstrating that the Breathalyzer was inaccurate can be a strong defense.

4. Blood Test Errors

Blood tests are generally more accurate than breath tests, but they are not without flaws. Issues such as contamination, improper storage, or incorrect labeling can compromise the results. Contesting these errors can cast doubt on the prosecution's case.

5. Rising Blood Alcohol Concentration (BAC)

Alcohol takes time to absorb into the bloodstream. Your BAC might have been below the legal limit while driving but increased by the time you were tested. Expert testimony can help explain how your BAC was rising at the time of the test rather than when you were behind the wheel.

6. Violation of Miranda Rights

Upon arrest, the police must read you your Miranda rights, informing you of your right to remain silent and to an attorney. If this procedure was skipped or improperly conducted, your statements could be excluded from the evidence.

7. Medical Conditions or Diet

Certain medical conditions, such as GERD (Gastroesophageal Reflux Disease), diabetes, or a specific diet (like keto), can produce chemicals that interfere with Breathalyzer results. Demonstrating that a medical condition or diet led to an inaccurate reading can be an effective defense.

8. Lack of Probable Cause for Arrest

Even if initially stopped legally, the police must still have probable cause to make an arrest. If the arresting officer had insufficient reason to believe you were under the influence, any subsequent evidence may be thrown out.

9. Improper Police Conduct

Any misconduct by the police, such as tampering with evidence, coercing a confession, or failing to follow proper procedures, can be used to challenge the integrity of the case, potentially leading to a dismissal of charges.

10. Witness Testimony

Testimonies from passengers, other drivers, or even bystanders can contradict the police's account of events. Witnesses might provide alternative explanations for your behavior, casting doubt on the prosecution's narrative.

Contact Us Today for Expert DUI Defense Strategies!

While a DUI charge is serious, it's important to know that multiple defenses are available. Each case is unique, and consulting with an experienced DUI attorney can help identify the most effective defense strategy. 

Reach out to Orr Law Firm today at (303) 747-4247 to learn more.