5 Most Common DUI Defenses – What You Need to Know to Protect Your Future?
Driving under the influence(DUI), a criminal offence in most countries is the act of riding or driving a vehicle after consuming alcohol or other drugs.
A person is guilty of DUI if she/he drives under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his/her mental faculties are impaired or when blood alcohol level (BAC) is above the legal limit for the state.
The penalty for committing such crime depends on:-
- Past criminal and traffic records
- The level of alcohol in the blood
- Specific facts of the case at hand
If charged with a DUI, there is no need to panic, since there are several defenses that will enable you to fight back.
Here mentioned are Common DUI Defenses:-
Improper stop by police
According to the U.S. Constitution, the police is forbidden from arbitrarily stopping or pulling over private citizens without reasonable suspicion. It means that if you were obeying the speed limit, traffic laws, and did not have a mechanical malfunction with your vehicle, it may be possible to assert that the police did not have reasonable suspicion to pull you over. And, evidence gained subsequently is completely unacceptable.
Failure to follow proper Field Sobriety Test (FST) protocol
Specific protocols must be followed when field sobriety tests (FSTs) are administered. Failure to obey them can result in suppression of any evidence collected during the trial. FST observations are merely one component of the states’ evidence and are not by themselves proof of intoxication.
Improper testing of blood alcohol samples
Unreasonable testing by an amateur laboratory technician could be a possible defense against the results. The police need to ensure that blood samples are adequately maintained after the test to avoid fermentation, contamination, or mislabeling.
There are medical conditions such as fatigue or neurological problems which can cause incoherent speech, while allergies, sinus troubles, and crying can lead to watery eyes. Ketosis, a diabetic side effect may also result in “alcohol smell” on the breath, making an otherwise sober individual register the presence of alcohol on a breathalyzer test. In such situations, your DUI Tampa Attorney can claim defense against the charges.
The U.S. Constitution requires police to advise the suspect about their rights (right to remain silent, the right to DUI Attorney, and the right to court-appoint counsel) on being arrested. If Miranda warnings are not issued, any evidence gathered thereafter like incriminating statements, biological evidence, field sobriety test observations, etc. will likely be excluded.
There are several other DUI defenses that may not arise until the actual day of trial, including violations of the state rules of civil procedure and evidence such as the introduction of improper character evidence, use of unauthenticated documents, recordings, or photographs. These defenses are the best place to start with when trying to defeat a DUI charge.
However, depending on your situation, an experienced DUI defense lawyer may be able to provide other options to reduce or dismiss your DUI charges.