Top Strategies For Defending Against DUI Charges

Being charged with DUI can be scary, and the consequences could have a big impact on your personal and work life. It's important to know, though, that just because you're charged with DUI doesn't mean you'll be found guilty. If you are being charged with DUI, there are a number of good ways to defend yourself. If you take the right steps, you can protect your rights and possibly get the charges dropped or reduced.

1. Challenging the Traffic Stop

One of the first and most important things you can do to fight a DUI charge is to question whether or not the traffic stop was legal. Police officers must have a good reason, or "probable cause," to stop you. This might be because of reckless driving, a traffic ticket, or some other strange behavior. If the police officer didn't have a good reason to stop you, any proof they got during the stop, like results from a breathalyzer or field sobriety tests, might not be allowed in court. In this case, your lawyer could make a motion to suppress the evidence, which could get the charges dropped.

2. Questioning the Accuracy of Field Sobriety Tests

To find out if a driver is drunk, police often give them field sobriety tests, such as having them walk in a straight line or stand on one leg. But these tests aren't perfect, and they can be thrown off by things that have nothing to do with drinking. For instance, medical conditions, being tired or worried, or even uneven road surfaces can make it harder for someone to do well on these tests. A good DUI lawyer can make the case that the results of the field sobriety tests are not accurate and shouldn't be used against you.

3. Examining the Breathalyzer Results

People often use breathalyzers to find out how much alcohol is in their blood, but the readings aren't always correct. Breathalyzers need to be regularly checked and adjusted in order to give accurate results. Also, some things, like mouth alcohol from drinking recently or medical conditions like acid reflux, can lead to false results. You can ask your lawyer to look into whether the breathalyzer was working right and whether the test was done correctly. Some people might not trust the results, which could hurt the prosecution's case.

4. Challenging Blood Test Procedures

In some cases, blood tests are used to determine BAC. While these tests are generally more accurate than breathalyzers, they are not immune to error. The procedure for collecting and handling blood samples must follow strict protocols to ensure accuracy. Any deviation from these procedures, such as improper storage, contamination, or delays in testing, can compromise the results. Your defense attorney can review the chain of custody and the procedures used to challenge the validity of the blood test results.

5. Arguing Rising Blood Alcohol Levels

For another argument, you could say that your BAC was below the limit while you were driving but had gone up by the time the test was given. Since it takes time for alcohol to enter the system, it's possible that your BAC was below the legal limit when you were pulled over but went up to a level that is now illegal during the time you were waiting to be tested. This is called the "rising blood alcohol" argument, and it can work especially well if there is a long time between the traffic stop and the BAC test.

6. Presenting Medical or Dietary Defenses

Certain medical conditions and diets can mimic the symptoms of intoxication or affect BAC readings. For instance, people with diabetes may have high amounts of acetone in their breath, which can cause a breathalyzer to give them a false positive. Similarly, individuals following a low-carb or ketogenic diet may produce ketones, which can also interfere with breathalyzer results. If you have a medical condition or dietary factor that could have impacted the test results, your attorney can present this as a defense.

7. Disputing the Officer’s Observations

Most of the time, police use what they see to support an arrest for DUI. This can include writing down the smell of alcohol, bloodshot eyes, slurred speech, or moves that aren't steady. These views, on the other hand, can be subjective and affected by things other than drinking. People with red eyes, slurred speech, or allergies may not get enough sleep or be under a lot of stress. Your lawyer can question the cop in a cross-examination and show proof that doesn't support what they said.

8. Establishing a Violation of Rights

It is very important to make sure that your constitutional rights are not broken when you are stopped and arrested for DUI. This includes the right to stay silent, the right not to be searched or seized without a good reason, and the right to a lawyer. In the event that the police did not read you your Miranda rights or searched you without an order, your lawyer could ask for the evidence that was gathered to be thrown out. If your move to suppress is granted, the charges against you might be dropped.

9. Negotiating Plea Bargains

There are times when it might be best for you to talk to the prosecutors about a plea deal. If you agree to a plea deal, you might get a lesser charge, like "wet reckless," which has less severe consequences than a DUI sentence. This plan won't eliminate all the charges against you, but it can make the effects on your life a lot less bad. A DUI lawyer with a lot of experience can help you negotiate to get the best result possible.

10. Highlighting Your Clean Record

If you have never been arrested for DUI or have a clean criminal record, this can help you in court or during talks. If this is your first crime, the judge might be more lenient. This is especially true if you can show that you are doing something to fix the problem, like going to classes to learn about alcohol or doing community service. Your lawyer can use the fact that you have no criminal record as part of your case to ask for a shorter sentence or a different type of sentence.

Conclusion

Facing DUI charges can be overwhelming, but with the right legal strategies, you can protect your rights and build a strong defense. The best way to defend yourself will rely on how you were arrested and what evidence is being used against you. It's important to talk to an experienced DUI lawyer to make sure that your argument fits your specific case.

At Gallo Law Office, we are committed to providing personalized and aggressive defense strategies to help you fight DUI charges and achieve the best possible outcome. If you or a loved one is facing a DUI charge, don't hesitate to seek legal assistance. Your future and freedom may depend on it.