When you have been arrested for a DUI and you believe that your case was handled unfairly, you may have a variety of defenses to use. Today, we look at some of the most common ways that people try to beat their DUI cases for the best results.
Defenses for DUI
No Probable Cause: To be arrested for a DUI, the officer must have had probable cause to arrest you. If there was no probable cause and you were pulled over for no good reason, the evidence and case could be thrown out. Illegal procedure during an arrest will immediately result in evidence being suppressed, which means that the prosecution is not able to use it against you.
Faulty or Unreliable Tests: Breath tests have flaws, such as improper use by police, physiological conditions, and instrument malfunction. A breath test can sometimes be wrong because it does not directly measure the amount of alcohol in your blood. Outside influences can sometimes interfere with this.
Medical Conditions Affecting Tests: GERD, acid reflux, and heartburn can sometimes contaminate the results from a breath test. When alcohol flows from your stomach to your mouth from GERD, a test could become corrupt.
Violations of California Code of Regulations: Title 17 of the California Code of Regulations puts regulations in place for collecting, stories, and analyzing chemical tests in DUI cases. In some cases, there could be inaccuracies when the technician who drew blood was not properly trained, or the DUI testing instrument was not calibrated correctly.
Inaccuracy of FSTs: The trustworthiness of FSTs is not as accurate as you may think, somewhere around 77%. Innocent explanations can change an outlook of FST tests, from officer-induced intimidation, bad weather conditions, poor footwear, and more.
You Weren’t Driving: The police must prove that you were the one drinking and driving. If you were involved in an accident and nobody can pinpoint whether or not you were driving the car, you cannot be convicted.
Police Misconduct: Police misconduct could get you out of your charges, as all regulations must be abided by and all police reports must be completely accurate.
If your case cannot be proven by the prosecutor, there is a good chance that your charges will be dismissed or thrown out. Any of these defenses can become helpful in a DUI case. Call us today at The Law Office of Peter Blair to find out how we can help you with your case.