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Possible legal defenses for DUI

Mar 11, 2024 | DUI

Charges of driving under the influence can have serious consequences. Along with jail time and fines, those convicted may also face license suspension for a period of time.

Fortunately, there are legal defenses that can help individuals facing such charges. Understanding these defenses is important for anyone accused of DUI.

Lack of probable cause

The police must have a valid reason, or probable cause, to pull someone over for suspicion of DUI. If the officer did not have a legitimate reason to stop the vehicle, any evidence gathered thereafter may be inadmissible in court.

Issues with field sobriety tests

Field sobriety tests are commonly used by law enforcement to gauge a driver’s level of impairment. However, if these tests are not conducted properly or the conditions are unfavorable, they may not produce accurate results.

Inaccuracy of breath tests

Breath tests measure a person’s blood alcohol concentration. To ensure an accurate reading, calibration of devices must occur regularly. Also, medical conditions or environmental factors can affect the accuracy of tests.

Rising BAC defense

Alcohol absorption is a dynamic process, and the body’s BAC level may continue to rise even after a person has stopped drinking. This can result in a situation where the driver’s BAC was below the legal limit at the time of driving but exceeded it by the time testing took place.

Violation of Miranda rights

If a driver is not informed of their Miranda rights during the arrest process, any statements made by them may not be admissible in court. This includes statements made to law enforcement during questioning.

While DUI legal defenses can be very effective, remember that every situation is unique. Accordingly, the success of your case can vary based on the circumstances.