DUI Defenses
Have you recently been arrested and charged with driving under the influence? If so, don’t give up hope. There are many types of DUI defenses that may be used in your case.The first thing you should do after a DUI arrest is contact an experienced defense attorney. A skilled DUI defense attorney knows how important it is to stay on top of the latest defense strategies and technology that can be used to help his or her clients.
If there was insufficient evidence for your DUI arrest, this can be used in your favor. In a DUI case, the officer often uses his or her observations to determine whether or not a drunk-driving arrest can be made. For example, the officer may have noted that your eyes were bloodshot or your speech was slurred. Your attorney can question these observations in court. While bloodshot eyes can be a sign of intoxication, someone who is suffering from allergies or is sleep-deprived may also have bloodshot eyes.
In order to pull you over on suspicion of DUI, the officer must have probable cause; without probable cause, the traffic stop is illegal and your charges may be dropped. However, if you are pulled over for another traffic violation (i.e., your taillight is broken or you ran a stop sign), the officer does not need probable cause to ask if you have consumed alcohol. In addition, you may also be stopped at a sobriety checkpoint without probable cause.
Another common defense is the “rising BAC” defense. A person is guilty of DUI if their blood alcohol content (BAC) level is over the legal limit while they are driving, not at the time of testing. Because alcohol takes time to spread through your system, your BAC level may be below the legal limit while you are driving, but above the legal limit when the test is administered ten minutes later. The longer the time period between being pulled over and taking the test, the better this defense has a chance of working.
If the blood, breath, or urine tests that are used to determine your BAC are administered improperly, the results may also be inadmissible in court.
Are you interested in learning more about DUI defenses and how they might work for you? If so, contact a skilled DUI lawyer today.
