Have you been charged with a DUI? If so, don’t panic. Every situation is different. But, there are several defense that will enable you to fight back and tell your side of the story. No defense is guaranteed to help lessen or excuse you from a DUI charge. But, there are some DUI defenses that are commonly used when fighting a DUI. Read on to see some of the most common defenses that are used in court.
You Were Not Actually Driving the Car
Chances are that if you were arrested for a DUI then you were probably driving. But in the event that you were not the driver this is a real defense. If your lawyer can prove that you were not driving the car, this is a good defense.
The Officer Made an Error
If it can be proven in a court of law that the officer who arrested you did not follow proper protocol for that particular state then this defense can be used. Consider your standardized drug sobriety test. If you took one, make sure that you were properly instructed in how to do so. The officer could have made a mistake when giving you the instructions. If this happened, the test and test results can be thrown out of court.
Administration/Accuracy of the Breathalyzer
If you believe that the breathalyzer administration was inaccurate or not done correctly, your lawyer can challenge this in court. Your lawyer may challenge whether or not the officer was properly trained. Consider if there were other interfering factors such as indigestion or vomiting. There is also the question of whether or not the device was working properly and is properly maintained by officers to give an accurate reading.
Rising Blood Alcohol Concentrations (BAC)
This defense means that the blood alcohol content of the driver was raised between the time of the stop and when the breathalyzer was administered by the police officer. This is possible only with alcohol that was recently consumed by the individual who was driving the vehicle.
There are many defenses that you might make in court to refute a DUI charge. One such defense is called the rising BAC argument. Depending on the circumstances of your DUI charge, this defense might apply to you. For more information on this defense, read on.
The rising BAC defense gets used in some situations. It gets used when a person accused of driving under the influence got tested at a problematic time for BAC levels. This is because alcohol takes time to be processed by the body. If you quickly drank alcohol before getting in your car, and you are pulled over for a DUI, that drink might not affect you at the time that you are driving. This is because your body is not able to absorb the alcohol in such a short amount of time.
However, by the time that you go to the police station and take a chemical test, the alcohol will probably be absorbed by your body. The issue is with an inaccurate BAC level. The level at the station might not be accurate for the time that you were actually driving. Therefore, despite the results of the test, your BAC may have been under the legal limit while you were operating the motor vehicle.
Using the Rising BAC Argument
The rising BAC argument will not work in every situation. In fact, this defense will only work given certain circumstances. To prove that your BAC was under the legal limit while you were driving, you will have to call upon an expert witness with specialized experience in this area of the law. The expert witness will be able to establish a personal timeline for your BAC to determine what your BAC actually was at the time of your arrest. This expert witness is generally a forensic toxicologist with experience in rising BAC. Factors that will have to be taken into account include:
- How many drinks you had on the night of your arrest.
- How long you waited in between drinks.
- What you ate that night.
- What other liquids you drank that night (such as water).
- Your weight, height, body fat content, and gender.
- How many drinks you drank within an hour of driving.
- Your BAC according to the chemical test.
- When the chemical test was taken.
- How long between when you were pulled over and when the chemical test was taken.
An expert witness could use these factors to prove that your BAC was lower while you were operating the motor vehicle. Even if this is not possible, the expert witness’ testimony might be enough to discredit the prosecution and put doubt in a jury’s mind that you were actually intoxicated while you were operating the motor vehicle.
At Lady DUI, we have relationships with expert witnesses who can testify on your behalf. To build the strongest defense possible, please contact my office today.
This defense can be used when the driver believes that he or she drove the car because it was vital to do so to prevent a greater evil. Your lawyer must prove that the greater evil which you wished to prevent would have been more harmful than any potential injuries caused during DUI.
If you have recently been arrested for a DUI, the most important thing you can do is not to panic or worry about a worst-case scenario. There are various defenses that may pertain to the situation. In the event that you are unsure about whether you have a valid defense or if you have any legal questions, contact me here for assistance. I will be more than happy to assist you and support you through this stressful process.