The looming threat of a DUI charge is a frightening experience. Conviction can be life-altering in multiple ways.
Thankfully, one has numerous defense options from which to choose. Recognizing what they are before going to trial can help those trying to survive this delicate situation without legal consequences.
Inaccurate sobriety testing
Questioning the precision of sobriety testing techniques can be a powerful defense. Field sobriety exams, which often include arbitrary checks such as walking in a straight line or standing on one leg, can be subjective. Performance is also contingent on influences not relating to alcohol consumption, including nervousness and physical limitations.
Faulty breath results
Officers commonly use breath alcohol tests to measure a person’s blood alcohol content. However, these devices require regular calibration and proper operation to ensure accurate readings. If either of these does not happen, the odds remain high that the results are invalid.
Improper police procedure
Another defense focuses on the protocols law enforcement follows during the stop and subsequent arrest. Police need to have a valid reason, known as reasonable suspicion, to stop a driver. They must also adhere to specific guidelines when conducting sobriety assessments and bringing someone into custody.
Medical conditions
Some physical issues mimic the symptoms of intoxication, such as slurring one’s speech or exhibiting poor balance. Simply having a health concern does not mean one cannot drive safely. Certain matters can even affect the readings of breath tests.
Anyone facing a DUI accusation should begin by examining all the avenues that could lead to dismissal. The choice might mean the difference between walking free, losing one’s license and spending time behind bars.
