5 Legal Defenses In A DUI Case
In most cases, the courts have sufficient evidence to move forward with a DUI arrest and conviction. Otherwise, they wouldn't go through with the arrest. Lawyers will likely recommend a plea deal. However, some defendants have enough deniability to fight the case. Here are 5 possible ways to get your DUI case dismissed.
1. Contaminants Affected the Breathalyzer
Breathalyzers are relatively accurate at collecting a person's Blood Alcohol Content (BAC) when used properly and without the influence of certain contaminants.
Some food items that can potentially cause a false positive include:
- Fermented fruits
- Hot sauce
- White bread
- Sourdough bread
- Energy drinks
- Food made with alcoholic beverages
Some medications can also lead to false positives.
It's important to note that these items will have a minimal impact on breathalyzer results, so this defense will work best if the defendant has a low BAC just over the legal limit.
2. Illegal Stop and Search
A cop must have a legal reason to pull you over when driving your vehicle, such as speeding or swerving. They can't simply pull you over because they see you leaving a particular house or business that they label suspicious. If you can prove with video or another piece of evidence that the cop had no reason to pull you over, the case will be dropped.
3. Improper Administration of Breathalyzer and Field Sobriety Tests
There are strict processes police officers must follow when administering breathalyzers and field sobriety tests. For example, police officers must always use a new tip on the breathalyzer and administer the test within a specific time frame. The police also can't force anyone to take a field sobriety test.
4. Extenuating Circumstances
There are certain situations that may justify a defendant who drove drunk. A defendant may be able to claim a "mistake of fact" if an authoritative source gave them incorrect information regarding the duration a certain substance will cause impairment. A defendant may also be able to claim that they drove drunk as a result of avoiding "the greater evil". These defenses are rare and difficult to prove, but they do apply to some cases.
5. Denial of Legal Counsel
Every American citizen has a right to contact legal counsel. If you ask to speak to a lawyer but get denied, you may have a case.
Gather up your evidence and schedule an appointment at a DUI criminal defense firm such as Cohen Law Offices, LLC to get a professional analysis of your chances of fighting the charge.