Driving under the influence (DUI) is a crime in all territories of the United States of America. This legal violation is characterized by operating a vehicle while under the influence of alcohol, drugs, and prescription medications. A person can be arrested by law enforcers given probable cause, and this arrest follows legal processes that can lead to a conviction. When convicted, the offender receives a sentence such as participating in community service activities, paying a fine, or serving time in prison. Also, a DUI conviction includes suspension of a driver’s license, which can be altered or adjusted depending on the severity of the offense.
However, being arrested for DUI doesn’t automatically lead to conviction, mainly if the driver can acquire legal services from a skilled lawyer. For instance, the defense lawyer can ask for a case dismissal due to a lack of evidence. They can also appeal for a reduced sentence if the arrest proceedings or testing are not done according to what’s mandated by law. It’s also possible for the convicted to get driving privileges for exceptional circumstances, such as travel for business or work purposes.
If you’d like to know what you can do to build a strong defense against DUI charges, here are some suggestions you can consider:
1. Get A Good Lawyer
DUI is considered a grave offense since it can result in accidents, property damage, and death in extreme cases. Because of the significant threat it poses to the drivers, passengers, motorists, and pedestrians, courts commonly handle DUI cases with serious scrutiny and give punishments accordingly. These punishments include license suspension or revocation, hefty fines, and jail sentences.
To avoid conviction or severe repercussions, you’ll need to build a strong DUI defense with help from a legal representative. A good rebuttal against a DUI case gives you a chance for acquittal, dismissal, or reduced punishment. In California, DUI offenses can equate to severe penalties that could affect an offender for many years. However, it’s worth noting that many cases seemingly too complex to defend have been dismissed because competent DUI lawyers handled them.
Hence, it’s essential to carefully select your legal representative when dealing with this type of case. For instance, you can contact a trusted Los Angeles DUI Attorney whose ability to defend challenging issues has been proven over time by many clients.
2. Look For Inaccuracies In Testing
When the police stop a driver for suspected DUI, officers subject the suspect to three tests to determine legal intoxication. The tests to be administered are known as Standard Field Sobriety Test (SFSTs), composed of the walk-and-turn test, one-leg stand test, and the horizontal gaze nystagmus (HGN). After conducting these tests, the driver should be proven intoxicated to an extent considered unsafe for operating vehicles.
If the driver fails any of the three sobriety tests, police officers can ask them to take a breathalyzer or a chemical test to identify their blood alcohol content (BAC). A result of 0.08% BAC or more can be used as the basis for a DUI arrest, though some people who achieved lower BAC results can still be detained depending on police assessment.
An inaccurate drunk driving assessment can help build a compelling defense against a DUI case. Legal intoxication should be established beyond a reasonable doubt before arriving at a conviction. Hence, exposing inaccuracies in the sobriety test procedures would effectively disprove accusations of impaired driving.
One common error in field sobriety tests is having erroneous breathalyzer results. In some cases, breathalyzer results capture other forms of alcohol inside the mouth that is not caused by consuming alcoholic drinks. For instance, those who recently took certain cold medications, ingested chewable tobacco, or used alcohol-based mouth cleansers can have a high blood alcohol content (BAC). These factors can produce a breathalyzer result, which you can use to defend your case.
Meanwhile, some medical conditions, including hiatal hernia, acid reflux, or Gastroesophageal Reflux Disease (GERD), leave certain levels of alcohol in the mouth due to stomach-to-mouth acid movement. When subjected to breathalyzer tests, a person with these conditions can also attain a false positive result because of high BAC levels.
If your breathalyzer showed a positive result but didn’t display any obvious signs of intoxication or impairment, your defense can also question the accuracy of the testing. By challenging the credibility of the evidence presented, there’ll be reasonable doubt in the accusation against you, which improves the chances of acquittal or dismissal.
3. Prove Police Error Or Misconduct
In some cases, proof of DUI isn’t enough to arrive at a conviction, especially if the defendant can prove that the arresting officers committed errors or misconduct during the checkpoint, testing, and arrest process. When established, any police error or misconduct can cause evidence to be considered impermissible or inadequate for court proceedings. Moreover, any misstep by the authorities can cause the entire case to be dismissed.
There are various ways in which the arresting officers commit mistakes that you can use for your defense. For instance, your legal representatives can scrutinize the police reports relevant to your case to look for inaccurate or missing information. It’s also possible to have the case thrown out due to evidence tampered with or manipulated. Finally, proving that the police officers involved in the case have made untruthful claims about any factor involved in the DUI case will make a defense strong enough to attain acquittal or case dismissal.
Apart from these, the police should also strictly comply with the legal requirements to make the checkpoint and arrest valid in court, including the criteria used for stopping the driver, the checkpoint’s location, and the detention’s duration. If the reporting or arresting officers fail to comply with these legal requirements, you can use the error or misconduct to build a strong defense.
4. Challenge The Observations Reported
The arresting officers who conducted the traffic stop and sobriety tests will be called to testify in court and describe the physical signs or symptoms of intoxication they observed on the driver. Some signs include redness of the eyes and facial complexion, slurred speech, or a lack of coordination in movement.
However, these signs are primarily inconclusive regarding proving legal intoxication. For instance, having bloodshot eyes can be caused by many other factors besides intoxication. For example, you can explain that you’re having an allergic reaction at the time of arrest, which causes redness in your eyes. Besides this, you can also include other possible causes such as eye strain, irritation, or prolonged use of contact lenses.
Another example would be flushing of the face, a common reaction of many people when exposed to high levels of heat, engaged in vigorous physical activities, or subjected to stressful situations. Since it’s a common symptom that’s not exclusively observable among those significantly intoxicated, you can defend your case by providing a sound explanation for your appearance at the time of the checkpoint or arrest.
When explaining, it’s best to have supporting evidence, documents, or a witness to substantiate your claim. This way, you can create reasonable doubt against the accusations made against you, thus strengthening your defense.
5. Use The Involuntary Intoxication Defense
Some people battling DUI charges use the involuntary intoxication defense, wherein they’ll claim to be unaware of consuming intoxicating substances such as drugs and alcohol before operating a vehicle. This defense is feasible, especially for those who can provide a justifiable reason and verifiable proof for having the said experience. For instance, a driver may have attended a gathering, or a function wherein food and beverages were served. Without knowledge of what the contents of the food or drinks were, the driver may have unknowingly ingested intoxicating substances.
It’s worth noting, however, that the key to using this specific type of defense is the ability to convince the court that the driver is unaware of consuming substances that can impair their ability to operate a vehicle. To prove the driver’s lack of awareness, it’s crucial to have documents, witnesses, and evidence relevant to this defense.
6. Prove The Necessity Of Driving Under The Influence
DUI laws in some states allow the court to acknowledge exceptional circumstances in which a person was forced to drive while intoxicated. If proven, it can lead to an acquittal, reduced sentence, or case dismissal. Thus, if you can prove that you were compelled to drive due to an emergency or to avoid more significant harm, your defense can revolve around this necessity.
To prepare for your defense, you can consult your legal team and gather enough evidence to prove that your intent to drive on the date in question is to avoid life-threatening situations or help someone in imminent danger.
Conclusion
You can consider three objectives when building a defense against DUI charges. First, you can prove that you weren’t intoxicated enough to warrant arrest. As a second option, you can prove that you weren’t driving recklessly. Lastly, your defense can focus on establishing that your arrest wasn’t made according to procedures mandated by law. By doing so, you’ll be able to prove your innocence of the charges against you and improve your chances of acquittal.
