If arrested and charged with DUI, then you have committed a serious offense. The outcome of the case could make you face mandatory fines, jail time, and lose your license. Luckily, with a top rated DUI attorney, you can defend the case. It is only a good lawyer who can help identify the best defenses to keep you out of jail.
So, what are some of the best and most effective DUI defenses? We have compiled a list of strong DUI defense strategies that could help you in your case:
- When not Allowed to Call your lawyer
Once you are arrested, you are charged with DUI. You therefore have a right to an attorney. During the investigation, an attorney will help you in the case.
However, if denied the chance to talk with your attorney, then the investigation lacks “independent exculpatory evidence”. So the case will easily be dismissed.
- When Breath Alcohol Testing is inaccurate
Police officers will use breathalyzers to test the alcohol content in your lungs. The device will give measurements of your blood alcohol level.
The indirect measurement of the blood alcohol level could result in an inaccurate reading. However, a single test may not be sufficient evidence to support the case.
Since Breath Alcohol Testing is a presumption of a ratio rating, it may not be accurate. It also varies in human physiology and different individuals will have different results.
Other factors may also result in higher readings. An example is the temperature during administration. It is the reason it is given a 10% margin of error.
- When Stopped Illegally
When driving, the officer should not stop you unless there is an articulate or reasonable basis. If you have not violated the law, the officer can not seize you.
There is a law that protects individuals from unnecessary searches and seizures. So, don’t expect an officer to stop you because of a hunch or guess. It is also not a crime when you drive at night or leave a bar. They have to come up with an objective reason to justify a subsequent seizure.
- When the Field Sobriety Test is Invalid or Inaccurate
These tests are 60 – 70% accurate and to some, they are invalid performed for those with disabilities, elderly or overweight. The tests are supposed to be “standardized” but not all are.
Some of these tests are not recognized by police agencies. So, hiring an experienced DUI is important. The lawyer will attack the field sobriety tests and prove their inaccuracy.
However, it will be easy for the lawyer if there are no bad driving reports. Another way to argue is when the investigating officer does not offer proper administration or even not qualified.
- When no Evidence of you Driving the Vehicle
In a public policy, if you are found driving dangerously, you are supposed to get off that road. Another thing, if impaired but you are not driving the vehicle, you are not found guilty.
It is the jury left with the case in determining whether you used the car as shelter until you gained sobriety or acted as a threat to other motorists. So, even with the ignition key or the engine running doesn’t mean you are in physical control.
