Getting a DUI charge doesn’t only leave a mark on your criminal record, but the penalties can follow you for many years after your arrest. Which is why it’s essential to fight the charge you receive.
Without a professional legal background, finding the best path of defense can be a difficult to do. But an experienced criminal defense attorney can help you seek justice by evaluating the details surrounding your DUI stop. This is because it’s possible that there could have been a flaw in the arrest process or that you may have a medical condition that impacted your sobriety test performance.
Specifically, here are three defense strategies that may apply to your case:
- Improper stop
When a police officer pulls someone over, there must be a reason for doing so. This is known as reasonable suspicion. In a DUI stop, one of the most obvious reason an officer might pull a suspect over is because they are showing signs of impairment while behind the wheel — swerving, speeding or missing stop signs. So, if an officer pulls you over without reason, then a judge may determine that the arrest was unlawful in a court of law.
- Breathalyzer error
Another defense can come in the form of an incorrect breathalyzer reading. After a police officer spots and stops a driver that might be drunk, then they will probably have them perform a series of sobriety tests to establish proof or probable cause that the suspect is indeed impaired. The problem with breathalyzer machines is they require specific calibration and upkeep. And even when they are in great working condition, a police officer might not administer the test properly. Thankfully, all the ways a breath test can be inaccurate may save you from having to serve time behind the bars.
- Health condition
In addition to a breathalyzer test showing a false reading, there are also ways your body may have failed you by showing signs of impairment through sobriety tests. For example, if a DUI suspect with a history of indigestion blows above the legal limit, this reading might not be a true testament of how much alcohol is running through their bloodstream. Or, if an officer asks someone to walk in a straight line or stand on one foot, these tests might be difficult to do while they are completely sober. This is because age, weight or even lower body injuries can throw off balance.
Sometimes it’s a combination of both police officer errors and physical impairments that help prove innocence in a DUI case. Which is why reviewing all the ins and outs of your traffic stop with a legal expert can be a helpful tool ahead of your court date.