Common DUI Defenses
Drunk Driving Lawyer
If you have recently been charged with drunk driving, you may feel nervous and scared. However, you still may have options. Here are several DUI defenses you may be able to use.
Illegal Stop of Vehicle
Police officers aren’t allowed to stop vehicles without a good reason. They must believe that the driver broke a traffic law or other law. A police officer can’t just stop drivers for being on the road late at night or leaving a bar. If there was no legal justification for your traffic stop, you may be able to use that as your DUI defense.
There are certain medical conditions that can make someone appear drunk and skew the results of a breath test. For example, some neurological conditions can lead to slurred speech. Diabetes can make a person’s breath smell like alcohol.
When arresting a person for drunk driving, police are required to read them their Miranda rights, which include the right to remain silent, the right to an attorney, the right to a court-appointed attorney if they can’t afford one and that what they say afterward can be used against them. If police don’t read these rights, any evidence they obtain afterward may get thrown out.
Inaccurate Breath Tests
Breath tests are one of the most common ways to determine if a person’s blood alcohol content is above the legal limit or not. However, these tests can sometimes be inaccurate. For instance, if the machine hasn’t been properly calibrated or mistakes certain foods for alcohol, the results may be skewed.
Improper Field Sobriety Tests
When police pull people over for suspicion of drunk driving, they may have them perform field sobriety tests, such as walking in a straight line or standing with one leg. However, there are certain circumstances that can make these tests inaccurate. For example, a person with a disability may have trouble balancing even if he or she hasn’t consumed any alcohol. Likewise, if these tests were performed when it was raining or snowing, you may be able to argue that these tests weren’t administered in a fair environment.
This defense may be more difficult to establish, but it’s possible to use it. For instance, if someone is trying to harm you and you get behind the wheel to escape, you may be able to invoke the necessity defense if you’re pulled over for drunk driving.
If you’re facing a DUI, a drunk driving lawyer, like one from Rispoli & Borneo P.C. may be able to help.