Defenses to DUI Charges

Depending on the case the prosecution has built against you, you may have some room to claim one or more of the defenses to DUI charges discussed below. As possible penalties for a DUI conviction include a suspension of your driver’s license, fines, and jail or prison time, you are facing serious charges.

Make no mistake: if your case is going to trial, you absolutely need to have an experienced DUI attorney to represent you and your interests.

Some of the most common defenses to DUI charges include the following:

1. Lack of probable cause.

Probable cause is often a good place to attack the prosecution’s case because it is a subjective standard. That is, an effective DUI attorney may be able to challenge the arresting officer’s observations and suppositions. The efficacy of challenging probable cause is that if a court finds there was no probable cause for arrest, any subsequent blood alcohol content (BAC) report may not be admissible either.

2. Unreliable BAC results.

There are various ways to attack the reliability of BAC results. In blood and urine tests, unreliability may stem from problems with evidence collection procedures or the existence of other substances in the subject’s bloodstream, like prescription drugs or certain foods.

There are also potential problems with breathalyzer tests. Faulty readings have come about because of various circumstances such as cell phone interference, vomit or mouthwash in the person’s mouth, rapid breathing rate, and many others. Also the way a police officer administers the test and/or maintains the equipment may not be correct.

An experienced DUI attorney can help you present these defenses if they apply in your case.
3. Unreliable field sobriety tests.

If the method of administering the field sobriety tests was faulty in any way, it could be argued that the results are faulty as well. As noted above, this is especially important to establish as it may form the basis for admitting BAC evidence.

4. Violation of constitutional rights.

If you were denied the right to counsel or weren’t read your Miranda rights at the appropriate time, this could be another way to challenge DUI charges.

5. Insufficient evidence of driving.

It may be that the prosecution has a weak case regarding the fact that you were actually the person behind the wheel or that you had sufficient physical control of the car to be convicted of DUI. Some states don’t require actual operation of the vehicle, but a good DUI attorney will always probe deeper to determine whether the prosecution has met the burden of proof in its case.