Being charged with a DUI can be a stressful experience. Fortunately, being charged with a DUI does not always lead to a conviction at trial or having to plead guilty. There are several potential defenses that an experienced attorney can potentially use to challenge the charge.
If the defense is successful, it can result in the evidentiary support against you being thrown out, making it nearly impossible to convict. Without a proper investigation and defense of your case and circumstances, you leave yourself vulnerable to the serious penalties of a DUI conviction.
The prosecution must prove that the individual charged with a DUI was driving the vehicle while under the influence, or impaired, due to drug or alcohol levels present at the time.
4 Common Defenses for a DUI Charge
There are several defense strategies that your attorney may suggest or lead with, and the following are four of the most common.
#1: Faulty Breath Alcohol Tests
Breathalyzers are a common tool police officers use to measure the amount of alcohol is in a person’s system. However, they can be inaccurate. That is why a breathalyzer test alone is often insufficient evidence to prove the state’s case. Body temperature can cause a high read of a breathalyzer test, and the tool is known to have a 10% margin of error. The breath machine must also be properly maintained, and can be inaccurate if not. The State must prove this maintenance at trial.
#2: Illegal Stop
The individual being charged with a DUI may have also been illegally pulled over, which is another potential defense for DUI charges. In accordance with the Fourth Amendment, officers are not allowed to stop individuals without reasonable cause, such as a traffic law or other law being violated.
#3: Inaccurate Field Sobriety Test
In addition to inaccuracies of breathalyzers, field sobriety tests are also subject to error—human error. This test may be ruled out as evidence against the defendant if it was found to be improperly administered, which may lead to results that do not accurately indicate a person’s state of intoxication.
#4: Rising Blood Alcohol Concentration
Blood alcohol levels can rise with time, which is why, oftentimes, a defendant’s BAC (Blood Alcohol Content) level may be below the legal limit at the time of driving, but had risen at the time the blood alcohol test was administered. In Florida, a blood alcohol level of 0.08 or above is unlawful and is the maintenance legal limit to be in control of or operate a motor vehicle.
Hiring an Experienced Defense Attorney for a DUI Charge
There are several tools used to make a DUI arrest, from breathalyzers to field sobriety tests, and there are several defenses that can potentially lead a judge to rule each of them as insufficient or inaccurate evidentiary support.
If you or a loved one is charged with a DUI offense, it is important that you hire an experienced attorney to help you fight the charge. Your attorney will be able to provide the proper strategy and guidance to best defend you.
If you need assistance with your DUI case or have questions about any potential legal matter, please contact Apfelbaum Law today for a consultation.
