If you’ve been arrested on DUI charges, a DUI attorney can help you with your case. Learn about how DUI defense lawyers can use the following defense strategies to fight DUI charges.
Unlawful Stop or Arrest
When a driver is pulled over or arrested without probable cause or reasonable suspicion, it violates their rights protecting against unreasonable searches and seizures. By asserting this defense, the defendant aims to demonstrate that the traffic stop or arrest violated their constitutional rights.
The defendant’s attorney will scrutinize the circumstances surrounding the stop or arrest to establish this defense. The defense can argue that the stop was unwarranted if the officer lacked sufficient evidence of erratic driving, observed no traffic violations, or acted on mere hunches. Additionally, the arrest could be deemed unlawful if the officer failed to administer proper field sobriety tests or improperly conducted chemical tests.
A successful unlawful stop or arrest defense could exclude evidence obtained after the illegal stop, such as the results of sobriety tests or breathalyzer readings. This exclusion significantly weakens the prosecution’s case, potentially resulting in reduced charges or even a dismissal of the DUI charges altogether.
Inaccuracies of Breath Alcohol Testing
The accuracy of breath alcohol tests can be questionable due to various factors. For instance, external substances like mouthwash or breath fresheners might interfere with the test results, leading to a higher reading. Also, improper calibration or maintenance of the testing equipment could result in erroneous readings.
Furthermore, physiological differences among individuals, such as body temperature or breathing patterns, can impact the accuracy of breath tests. Variations in the absorption and elimination rates of alcohol in the body may further contribute to unreliable results.
Law enforcement errors during the testing process can’t be disregarded either. Improper administration or inadequate training of the test officers could compromise the validity of the results.
By highlighting these potential inaccuracies, the defense aims to raise doubts about the reliability of the breath alcohol testing, providing grounds for challenging the validity of the DUI charges against the accused.
Medical Condition Falsely Inflated Your BAC
Hypoglycemia, a medical condition characterized by low blood sugar levels, can trigger the production of acetone in the body. Acetone shares chemical similarities with isopropyl alcohol, one of the substances detected by breathalyzers, leading to a false positive reading. Similarly, diabetes, specifically diabetic ketoacidosis, can generate acetone as a byproduct, yielding the same misleading results.
Additionally, a high-protein diet might induce a metabolic state called ketosis, where the body breaks down fat for energy. Acetone is again produced during this process, potentially causing an elevated BAC reading during breath testing.
No Miranda Warning
The Miranda rights violation hinges on the principle that law enforcement officers must inform individuals of their constitutional rights upon arrest. When officers fail to advise a suspect of their rights properly, it can compromise the admissibility of any statements made by the suspect during the arrest process. This includes self-incriminating statements related to DUI charges.
Suspect Was Not Allowed to Contact an Attorney
When facing a DUI investigation, individuals have the right to consult an attorney for advice and representation before answering any questions or providing evidence. Denying the suspect this fundamental right may weaken or invalidate the prosecution’s case.
This defense strategy emphasizes that the absence of legal counsel could have led to potential misunderstandings or misinterpretations during the investigation, affecting the accuracy and reliability of the evidence gathered. It seeks to challenge the validity of any statements made by the suspect during the investigation, arguing that they might not have been fully aware of their rights or the consequences of their actions.
At Thomas, Adams & Associates, P.C., we offer quality legal services to residents and businesses in Virginia. Our experienced attorneys work closely with clients, aiming for the best results.