DUI cases are common, and can move very quickly, leaving you little time
to get your defense together. If you should be arrested for a DUI, know
that a skilled lawyer and a strong strategy can help. Here are some of
the common defenses an attorney may use in fighting DUI charges.
The breathalyzer test used in most DUI stops does not actually measure the
blood alcohol content of an intoxicated driver. Rather, it detects the amount
of alcohol present in your breath. A number of factors can increase the
BAC reading, including:
- Improper use
- Instrument malfunction
- Alcohol traces in the mouth, such as from vomiting
- Physiological conditions such as gastroesophageal reflux disease or diabetes
- Failure to properly observe the suspected intoxicated driver before the test
No Probable Cause for a Stop
A law enforcement officer must have a probable cause to pull you over.
For, example erratic driving, or driving a car without the headlights
on at night. If you are pulled over simply for being on the road around
the time bars are closing, and you haven’t committed a traffic violation,
any evidence obtained during the stop cannot be used against you. This
evidence may include any blood/breath tests, what you’ve said to
the officer, and any other field sobriety tests.
Rising Blood Alcohol
Alcohol takes time absorb into the blood stream. As it is absorbed, your
BAC will continue to rise. Since what matters is your BAC while you were
driving, not while you were stopped, an attorney can argue that your BAC at the
time of the test was higher than your BAC was while driving, creating
a false high BAC result. This is especially true if you had a drink shortly
before driving, and your body was still processing the alcohol into your
system while you were driving.
Diet can affect your BAC result as well. Low-carbohydrate diets or conditions
such as diabetes or hypoglycemia can produce isopropyl alcohol in your
breath. When the body is forced to burn stored fat for energy, it creates
ketones, which convert to isopropyl alcohol when eliminated through urine
and breath. This can create a false high BAC reading, as the instrument
used cannot differentiate between isopropyl alcohol produced by the body
and ethyl alcohol which has been consumed.
A BAC Over .08%
There are many factors that affect a BAC, including those mentioned above.
The result may say that your BAC is over .08% but you may not be impaired
in the slightest. If your BAC doesn’t reflect your level of impairment,
there is reason to suspect that the evidence cannot be trusted.
Proof of the Action
To be accused of driving under the influence of alcohol, it has to be proven
that you were driving. Unless you were witnessed driving, it can be difficult
to prove you were driving. An officer who finds you in a parked car cannot
prove that you were driving without a witness.
There are more defenses to a DUI charge, but these are common ones. An
experienced DUI attorney will know which defense will best fit your case,
and how to effectively argue that defense. Contacting a DUI lawyer immediately
after your arrest is critical in protecting yourself, your license, and
your driving record from the damage of a DUI conviction.
Start building your DUI case today by contacting our Miami DUI attorneys
at Beckham Solis, Attorneys at Law for a free consultation.