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3 common defenses to a DUI charge

On Behalf of | Jun 24, 2020 | Dui |

When you’re arrested for suspicion of drunk driving, it can feel like your world is caving in. However, remember that you’re not alone. People from all walks of life make mistakes and can find themselves on the wrong side of the law.

You have a presumption of innocence and it’s up to the state to make its case. The following are three common defenses used against DUI charges.

1. The breathalyzer results were faulty

Breathalyzer results are often the foundation of most drunk driving cases. However, these machines are not as reliable as once thought. In addition to questioning the reliability of breathalyzer machines, you can also challenge the results based on:

  • Whether the machine was properly calibrated
  • Whether the officer who administered the test was properly trained
  • Other grounds

Do not assume because your results were over the legal limit to drive that you have no case. A skilled legal professional can explain what options you may have.

2. Underlying health concerns

Some medical conditions can present themselves in a manner similar to a person who is intoxicated. Other medical conditions can skew the results of a field sobriety test. For example, vision problems may cause you to fail the nystagmus gaze test. If you have health concerns, it’s worth exploring whether they may have had an impact on your arrest.

3. The police didn’t have a reason to pull you over

Law enforcement must follow a probable cause requirement. There must be an underlying reason for the police to have made a traffic stop. It could be as simple as broken taillight or for a failure to signal. However, if there was no probable cause to pull you over in the first place, it’s likely that any evidence that you may have been under the influence will be inadmissible.

Of course, other defenses may be available. You should always discuss your case with a legal professional.