When you’ve been charged with a DUI, there may be several approaches to mounting a defense. Your DUI attorney will be the best person to help you work through the particulars of your case, but the following are traditionally accepted defenses for DUI.
- You weren’t driving the vehicle. Even in cases where intoxication can be proved, that may not be enough to convict you for a DUI offense. The prosecution must prove that you were actually operating the vehicle at the time of your arrest. There may be witnesses who can dispute the officer’s claim that you were driving under the influence.
- The officer did not have probable cause. Blurred speech and bloodshot eyes may not be enough to establish probable cause. Other causes, such as lack of sleep or allergies could have been responsible for the apparent signs of intoxication. Your attorney may argue that the officer’s assumptions were unreasonable, and did not give the authorities probable cause to test you for intoxication and/or search your vehicle.
- The officer did not properly Mirandize you. Never make any statements to the police that could be incriminating. If such statements were made at the time of arrest, and the police did not “read you your rights,” they may be inadmissible in court.
- There was no warning given regarding implied consent. Police must warn you of the consequences of declining to submit to field sobriety tests. In some states, refusal to cooperate can result in immediate arrest and detention for DUI, and may even be cause to revoke your driver’s license. If the officer failed to provide you notice of implied consent, the test results may be inadmissible in court.
- You did not objectively fail field sobriety tests. If it can be proved that the officer had a predisposed opinion (i.e., that conclusions were not based on objective observations but instead on a personal bias) the results of your field sobriety tests may be inadmissible.
- Blood alcohol concentration was not properly established. Chemical testing of blood alcohol concentration (BAC) is not always straight-forward. There are multiple physiological and technical issues surrounding breathalyzers and other BAC testing devices. The time elapsed between when you were driving and when your blood or urine was tested can also play a role.
Your best bet when mounting a defense against DUI is to work with your attorney. Make sure you get a lawyer you can trust, someone with case experience within the specialty, and who is working in your best interests.