Facing a DUI charge can be very emotional, considering the consequences you stand to face. There is a likelihood your driver's record will be tainted, your license suspended, or you may even be fined. There are several ways your DUI attorney can dismiss your case or reduce the charges against you. Here are some strategies for beating a DUI case.
Inaccurate Breath Alcohol Testing
Breath tests are conducted to examine the particles of breath alcohol in your lungs and measure the amount of alcohol in your blood. This measurement can lead to an inaccurate reading because it is not enough to determine the level of alcohol in your body.
Furthermore, variances in body temperatures can also affect a breath test reading. Even breath instruments have a 10% margin of error, resulting in false readings. Your DUI attorney will consult a forensic toxicology professional to prove that your breath tests are inaccurate.
Challenging the Officer's Testimony Regarding Your Behavior
Another defense strategy that your DUI lawyer can apply is challenging the police officer's testimony. A police officer's observations are a crucial part of the evidence that the prosecution has against you. Some of their observations of impairment include lousy driving, bloodshot eyes, slurred speech, the odor of alcohol, and bizarre behavior.
To challenge a DUI charge, your lawyer may also have to prove that the officer had no probable cause to stop your car. A traffic police officer can only stop your vehicle if you have probable cause to break the law. For example, your DUI attorney can claim that you were not speeding, did not violate a traffic law, or do anything to suggest you were drunk. In some cases, if a police officer did not give you Miranda warnings, an incriminating statement cannot be used against you in court.
Another way to beat a DUI case is by proving that you are suffering from a medical condition. Some conditions such as diabetes can cause you to have an alcohol smell on your breath. This is because of a side effect called ketosis. This involves the fermentation of glucose in your bloodstream resulting in an alcohol smell.
Ketosis may also cause someone sober to fail in a breathalyzer test. Other conditions like neurological problems and fatigue can result in slurred speech, while sinus troubles and allergies can cause watery eyes. Your DUI lawyer can dismiss a DUI case against you by claiming that you have a medical condition.
For more information, contact a local DUI lawyer.