Driving under the influence (DUI) of alcohol or drugs is a serious crime with potentially far-reaching consequences. In addition to criminal charges, fines, and potential jail time those convicted of a DUI also risk putting other road users at risk. According to NHTSA, approximately 37 people are killed in the U.S. each day in drunk-driving accidents. This equates to around one death every 39 minutes.
If you have been charged with a DUI it is important to know that it may be possible to challenge the evidence and have the charges reduced, or in some cases, dismissed completely. In this article, we will review common defense strategies that can help individuals facing a DUI charge to protect their rights and work toward a more favorable outcome.
Illegal Stop or Search
The Fourth Amendment protects U.S. citizens from unreasonable searches and seizures by the government. This means that a police officer must have reasonable grounds for stopping a vehicle and searching the driver. For instance, the driver may have been speeding, driving erratically, or running a red light to give the police officer a valid reason to stop the vehicle.
Where this is not the case, a defendant may have grounds to argue that the police officer unlawfully stopped their vehicle. Any evidence that was taken from the driver, such as breathalyzer results or field sobriety tests would likely be deemed as unlawfully obtained, and therefore inadmissible in court, as it would represent a violation of their constitutional rights.
Involuntary Intoxication
In some cases, it may be possible to raise the defense of involuntary intoxication. There are usually four instances when this defense may be permissible:
- Duress or coercion: This is when a person is forced to drink alcohol or become intoxicated.
- Medical condition: Here intoxication occurs as a result of a person’s medical condition or a side effect of their medication
- Honest mistake: This happens when a person ingests drugs or alcohol unknowingly, such as when their drink is spiked.
An experienced defense attorney, such as this Virginia DUI attorney, can assist their clients in applying this defense.
Faulty Breathalyzer
A breathalyzer test measures the amount of alcohol in a person’s bloodstream, or their blood alcohol content (BAC). However, readings obtained from these breath tests can sometimes be inaccurate, giving rise to a potential defense against a DUI charge.
Test results can be affected by various factors including maintenance of the device. For instance, if the breathalyzer has not been properly maintained, regularly calibrated or tested, its readings may be unreliable. Readings can also be affected by a defendant’s residual mouth alcohol which can result from various sources such as breath mints, chewing gum, or mouthwash. Belching, burping or vomiting before a breathalyzer test can also cause alcohol from the stomach to enter the mouth, skewing the test results and leading to an inaccurate reading.
These are just some of the potential defenses an individual may be able to raise to defend themselves against a DUI charge. Individuals facing DUI charges should consult with an experienced attorney to evaluate their case and determine the best course of action for them.
