Facing a DUI charge can be a stressful experience, but it's important to remember that being charged doesn't necessarily mean you will be convicted. Several legal defenses can be raised to challenge a DUI charge, depending on the circumstances of your case. Below are ten potential defenses to a DUI charge that can be used to fight for a favorable outcome.
1. Improper Stop by Law Enforcement
For a DUI charge to hold, the police must have had a valid reason for stopping your vehicle. If the officer lacked reasonable suspicion—such as erratic driving or a traffic violation—the stop could be deemed illegal, and the charges might be dismissed.
2. Faulty Field Sobriety Tests
Field sobriety tests (FSTs) are often used to assess a driver's impairment. However, these tests can be unreliable for several reasons, such as:
- Poor lighting or road conditions
- Physical conditions, like injuries, that affect balance
- Nervousness or anxiety
If any of these factors played a role, the results of the FSTs may be contested.
3. Inaccurate Breathalyzer Results
Breathalyzer devices are prone to errors if not properly maintained or calibrated. Additionally, factors like diet, medical conditions, or certain medications can lead to inaccurate results. If there is evidence that the device was not functioning correctly, the breath test results can be challenged.
4. Failure to Follow Protocols
Law enforcement must follow specific protocols when administering DUI tests. If the arresting officer failed to follow procedures, such as not observing you for 15 minutes before a breath test or failing to inform you of your rights, this may be a valid defense.
5. Medical Conditions
Certain medical conditions can mimic the signs of intoxication, such as diabetes, acid reflux, or even fatigue. These conditions can also cause misleading results on a breathalyzer test. For example, people with diabetes can produce acetone, which may be mistaken for alcohol by breathalyzer devices.
6. Rising Blood Alcohol Defense
Your blood alcohol concentration (BAC) may have been below the legal limit at the time you were driving, but it could have risen above the limit by the time you were tested. Alcohol takes time to absorb into the bloodstream, so this "rising BAC" defense could work if there was a delay between when you were stopped and when your BAC was tested.
7. Improper Police Conduct
If law enforcement used excessive force, failed to read you your rights, or conducted an illegal search of your vehicle, this can be a powerful defense. Any violation of your rights during the DUI stop or arrest may result in evidence being thrown out.
8. Mistaken Identity
In some cases, it’s possible that the officer misidentified the driver as the person responsible for the DUI. This could happen if there were multiple people in the vehicle, and the officer made an incorrect assumption about who was driving.
9. No Probable Cause for Arrest
To make a lawful DUI arrest, the officer must have probable cause that you were intoxicated. This means there must be clear evidence, such as slurred speech or erratic driving. If this evidence was lacking, the arrest may be deemed invalid.
10. Challenging the Accuracy of Blood Tests
Blood tests, like breathalyzer tests, can also be inaccurate if mishandled. If the sample was improperly collected, stored, or analyzed, it may be possible to contest the validity of the test results.
Protect Your Future with Expert DUI Defense from Sarabia Law Firm!
Each DUI case is unique, and the defenses available to you will depend on the facts of your situation. If you're facing DUI charges, it's crucial to consult with an experienced attorney who can evaluate your case, identify the most effective defenses, and work to protect your rights.
Defending against a DUI charge is possible, and with the right strategy, you can increase your chances of a favorable outcome. Reach out to Sarabia Law Firm today at (432) 224-8036 to learn more.