When you are arrested for a DUI, you and your attorney need to do all you can to defend yourself. The goal is to get your charges dropped or at least greatly reduced. There are some defenses you can utilize that could get you out of the charge completely. The following are some examples of arguments your attorney can make that will help you defend your DUI charge:
No Probable Cause for the Traffic Stop
For a police officer to stop you, they have to have probable cause. Just because you get in your car after spending time at a bar is not considered probable cause for a DUI arrest. The officer must have a valid reason to stop you. Some examples of probable cause include speeding, driving dangerously, or even driving too slowly. If you have not acted in a way you believe merited a traffic stop but the officer gave you a field sobriety test anyway, you can argue that there was no probable cause in the case. This may result in a dismissal.
The Breathalyzer Test Was Incorrect
Law enforcement officers use a breathalyzer test to measure the alcohol present on your breath. What the test does not measure is your blood alcohol content. If you believe the breathalyzer test results were not accurate, you can argue this fact.
For example, you could argue the test was not performed correctly, therefore providing an inaccurate reading. The breathalyzer could also malfunction. If you drank just prior to the breathalyzer test but otherwise did not overindulge, the test may provide a higher reading since there is still alcohol present in your mouth. Have your attorney look into your breathalyzer results to determine if there are any inaccuracies.
The Blood Alcohol Test Is Inaccurate
You may also argue that your blood alcohol test was not completely accurate. If the timing of the test is not just right, it could possibly show that your blood alcohol levels are higher than at the actual time of your arrest. Alcohol takes a long time to build in the bloodstream. As the alcohol makes its way through your blood, the level will increase. If your blood alcohol test did not take place until a long time after your arrest, the level at the time of testing might not match the actual level at the time of your arrest. Your attorney can argue that your readings at the time of your arrest did not warrant a DUI arrest and request that the charges be dropped.
Reach out to a DUI defense attorney about your case.