- Posted by Arturo Burga
- On June 4, 2019
Getting arrested for a DUI can result in some severe consequences. You may risk losing your job, your driving privileges, pay a large fine, and you might have to serve some jail time. To avoid these consequences, an experienced DUI defense attorney can help you prepare the best defense for your case. There are various defenses, such as:
Were you actually driving?
The “no driving” defense can be used when nobody actually saw you driving. If have been in an accident or your car breaks down, the police will not arrive the scene until driving has stopped. You may not be inside the car anymore. Meaning, the officer cannot put you inside the vehicle, unless of course you say you drove the vehicle. Officers will ask you to move your vehicle a few feet forward or backward to get you to go inside your car and drive. Soon as you drive they’ll be able to say that they saw you driving.
Unlawful stop by the police officer
If you are driving, you can’t just get pulled over for any reason. There must be a valid reason to stop and pull you over. They include a traffic violation such as speeding, unsafe lane change, weaving, or even failing to turn your turn signal. However, there are some cases in which the officer does not have a valid reason to pull you over or stop you. If this is the case, then anything that comes after that unlawful stop is not admissible in court. Meaning, the District Attorney cannot use it against you to convict you. This type of conduct will not stop some District Attorneys from still pursuing a conviction; that’s why it is essential that you have an experienced DUI Defense attorney handling your case.
Signs of intoxication
Police officers are taught to look for red or bloodshot eyes, flushed face, slurred speech, or other signs of being drunk. These signs are not enough to prove that you were “driving under the influence.” These can be signs of being tired, allergies, or under medication.
Field sobriety tests mistakes
If the officer believes that you are drunk, he or she will perform a field sobriety test. These tests are to see how alert you are or if you can concentrate and follow instructions. The results of these tests will be used against you as evidence. Some of these tests include following his pen or flashlight, counting backwards, walk heel to toe, etc. However, there are other reasons other than being drunk that can cause someone to fail these tests. Lack of training by the officer can be disastrous to the District Attorney’s case.
Rising Blood Alcohol (BAC) level
It is known that people’s BAC can rise from the time they were pulled over to the time the blood test was administered. So the defense is that the BAC was below the legal limit at the time he or she was driving; but that it kept rising between the traffic stop and when he or she took a breath test. Defendant may have recently consumed alcohol and the alcohol was still being absorbed during this time period.
Breathalyzer was not calibrated
The accuracy of the breathalyzer is key evidence for a DUI conviction. So if the breathalyzer wasn’t working properly or it wasn’t calibrated recently then it’s accuracy may have an issue. Another reason why the breathalyzer results may be faulty may be the officer’s mistake. If the officer does not properly administer the breathalyzer test then the results could be challenged.
There are other DUI defenses that may be specific to your situation. If you have a DUI and need a DUI Defense attorney gives us a call at (909) 538-8320 or send us a message through our contact form.