Learn about the most common legal defenses against a DUI charge. If you are facing DUI charges, contact Pipas Law Group PA for expert legal help.
A DUI (Driving Under the Influence) charge can have severe consequences on your life, including hefty fines, license suspension, and possible jail time. However, being charged with DUI doesn’t automatically mean you’re guilty. There are several legal defenses that a skilled DUI attorney can use to challenge the evidence and potentially reduce or dismiss the charges. If you’re facing a DUI charge, it’s essential to understand these defenses and seek professional legal assistance.
1. Improper Stop by Law Enforcement
One of the most common defenses in a DUI case is the claim of an improper stop. Police officers must have reasonable suspicion to stop a vehicle. If the officer didn’t have a valid reason to pull you over, any evidence they gather from that stop, including breathalyzer tests or field sobriety tests, could be inadmissible in court. This defense is based on the premise that the officer violated your constitutional rights.
2. Faulty Field Sobriety Tests
Field sobriety tests are often subjective, and an officer’s interpretation can be incorrect. Factors like weather conditions, uneven road surfaces, and even health conditions can affect a driver’s ability to pass these tests. In some cases, an officer might administer the test incorrectly, which could render the results invalid. If the officer failed to properly conduct the field sobriety tests, it may serve as a defense in your case.
3. Inaccurate Breathalyzer Results
Breathalyzer tests are commonly used to measure a driver’s blood alcohol content (BAC). However, these devices are not always accurate. Various factors can lead to inaccurate results, such as improper calibration of the machine, the officer’s failure to administer the test correctly, or even medical conditions like acid reflux, which can cause falsely high readings. An experienced DUI attorney can investigate these issues and challenge the results in court.
4. Rising BAC Defense
This defense suggests that a driver’s BAC was under the legal limit when they were pulled over but rose above the limit by the time the test was administered. Alcohol takes time to be absorbed into the bloodstream, so it’s possible that a person was under the legal limit at the time of driving but consumed more alcohol before the test, causing their BAC to rise afterward. This can be an effective defense if there’s enough evidence to support the claim.
5. Lack of Probable Cause for Arrest
Even if you were stopped for a valid reason, the officer must have probable cause to arrest you for DUI. Probable cause is usually established by observing signs of impairment, such as slurred speech, difficulty walking, or the smell of alcohol. If the arresting officer did not have probable cause to arrest you, any evidence obtained after the arrest may be thrown out.
Conclusion
If you have been charged with a DUI, it’s essential to consult with an experienced DUI defense attorney who can evaluate the circumstances of your case and determine the best possible defense strategy. At Law Office of Eric H. Clayman, P.A., we specialize in DUI defense and can guide you through the legal process. Don’t face a DUI charge alone. Contact us today for a consultation and learn how we can help you fight the charges.
This post was written by a professional at The Law Office of Eric H. Clayman, P.A. The Law Office of Eric H. Clayman, P.A., serves Ft. Lauderdale and Broward County, specializing in criminal defense, including DUI, drug crimes, and violent offenses. With a background as a former police officer, Eric H. Clayman brings invaluable insight into law enforcement procedures. His experience as a DUI investigator, narcotics investigator, and member of street crimes and auto theft units, along with executing high-risk felony warrants, gives him a strategic edge in defending his clients. Committed to protecting your rights and achieving the best results, the Law Office of Eric H. Clayman, P.A., dui lawyer Pompano Beach FL, is your trusted ally in the face of criminal charges.