Facing am OWI (Operating While Intoxicated) or DUI (Driving Under the Influence) charge can be a daunting experience, but understanding the possible defenses can help you navigate the legal process more effectively. There are several strategies that a skilled attorney might employ to challenge a DUI charge.
Here’s a comprehensive look at the most common defenses to a DUI;
1. Challenging the Traffic Stop
To legally stop a vehicle, police must have reasonable suspicion that a traffic law has been violated or that the driver is involved in criminal activity. If your attorney can demonstrate that the officer lacked reasonable suspicion for the stop, any evidence obtained as a result of the stop (such as breathalyzer results) may be suppressed.
Improper Lane Change or Weaving: Your attorney might argue that your driving did not constitute a legitimate reason for the stop.
No Traffic Violation: If you were adhering to all traffic laws, the stop might be deemed unjustified.
2. Questioning the Field Sobriety Tests
Field sobriety tests (FSTs) are commonly used to assess impairment, but they are subjective and can be challenged on several grounds:
Improper Administration: Officers must follow specific protocols when administering FSTs. Any deviation from these protocols can invalidate the test results.
Medical Conditions: Certain medical conditions (e.g., inner ear problems, neurological issues) can affect performance on FSTs.
Environmental Factors: Poor road conditions, uneven surfaces, or bad weather can affect your ability to perform FSTs correctly.
3. Challenging the Breathalyzer Results
Breathalyzer tests are a primary tool for measuring blood alcohol concentration (BAC), but they are not infallible. There are several ways to challenge the accuracy of breathalyzer results:
Calibration and Maintenance: Breathalyzers must be properly calibrated and maintained. Your attorney can request maintenance records to ensure the device was functioning correctly.
Operator Error: The officer administering the test must be properly trained and must follow correct procedures. Any deviation can be grounds for challenging the results.
Mouth Alcohol: Residual alcohol in the mouth (from mouthwash, cough syrup, or belching) can cause artificially high BAC readings.
4. Rising Blood Alcohol Defense
The rising blood alcohol defense argues that your BAC was below the legal limit at the time of driving but increased to an illegal level by the time the test was administered. This can happen because alcohol takes time to be absorbed into the bloodstream.
Timing: Your attorney might argue that the delay between the stop and the breathalyzer test allowed your BAC to rise.
Food Consumption: Consuming food before or while drinking can affect the absorption rate of alcohol.
5. Medical Conditions and Medications
Certain medical conditions and medications can mimic signs of intoxication or affect breathalyzer results:
Diabetes or Hypoglycemia: These conditions can produce acetone, which may be falsely interpreted as alcohol by some breathalyzers.
GERD or Acid Reflux: Gastroesophageal reflux disease can cause alcohol from the stomach to enter the mouth, leading to inflated BAC readings.
6. Lack of Probable Cause for Arrest
For an arrest to be lawful, the officer must have probable cause to believe you were driving under the influence. If your attorney can show that the officer lacked probable cause, any subsequent evidence (including BAC results) might be inadmissible.
Insufficient Evidence: If there were no clear signs of impairment (e.g., slurred speech, unsteady gait), your attorney might argue that there was no probable cause.
Questionable Observations: The officer’s observations alone might not be enough to establish probable cause.
7. Violation of Miranda Rights
If you were not read your Miranda rights after being taken into custody, any statements you made might be inadmissible in court.
Incriminating Statements: If you made statements admitting to drinking or feeling impaired, your attorney could argue that these should be excluded if your rights were not read.
8. Challenging Blood Test Procedures
Blood tests are considered more accurate than breath tests, but they are not immune to challenges:
Chain of Custody: Proper procedures must be followed to ensure the sample is not contaminated or tampered with. Your attorney can request records to verify the chain of custody.
Storage Conditions: Blood samples must be stored under specific conditions to prevent fermentation, which can raise alcohol levels.
Conclusion
Facing a DUI charge is serious, but several defenses can challenge the evidence against you. From questioning the legality of the traffic stop to challenging the accuracy of breathalyzer or blood test results, a knowledgeable attorney can explore various strategies to defend your case. If you’re facing a DUI charge, consulting with an experienced criminal defense attorney can help you understand your options and build a strong defense.
For personalized legal advice and defense strategies, contact Brinkley Law at 317-643-1813 to help guide you through the complexities of your case. Remember, understanding your rights and the possible defenses can make a significant difference in the outcome of your case.
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