If you have been charged with DUI, it is important to know the defenses that may be available to you. There are many factors that can contribute to a successful criminal defense and each case is unique. Some of the most common defenses include the following:
Lack of Probable Cause
Probable cause refers to the standard by which a police officer has the right to detain or arrest an individual. In order for an officer to make a DUI arrest, they must have probable cause to believe that a driver is under the influence of drugs or alcohol. Probable cause is often based on driving behaviors and roadside sobriety tests.
Roadside Sobriety Tests
In order to determine whether a driver is impaired, police officers will often administer roadside sobriety tests. These tests commonly include walking in a straight line, standing on one leg, or performing a horizontal gaze nystagmus test on a person’s eyes . However, any criminal defense expert will tell you that these tests are not always accurate, and there are many factors that can contribute to a false positive. For instance, if a driver has a medical condition that affects their balance, they may have difficulty completing the test.
Faulty Breathalyzer Test
Breathalyzer tests are often used to determine a driver’s blood alcohol content (BAC). However, these tests are not always accurate, and there are a number of factors that can contribute to a false positive. An experienced DUI attorney can evaluate whether or not a breathalyzer is calibrated correctly and thus rendering an accurate result.
Illegal Search and Seizure
If the police stop a driver without reasonable suspicion to believe a crime has been committed, or if they perform an illegal search of the vehicle, any evidence that’s obtained as a result of the stop may not be admissible in court. This could mean that the charges against the driver get dismissed.
In the end, it is important to remember that each case is unique, and there are many defenses that may be available to you. If you have been charged with DUI, it is important to understand that you are innocent and innocent until proven guilty.
