Some drivers are asked to stop their vehicles at the side of the road because their driving pattern is not normal or acceptable and it may cause an accident. Police may assume that the driver was driving under the influence (DUI) of alcohol or any other drug that alters mental ability. But even if you get a DUI arrest, it does not have to mean a DUI conviction.
If you know that you are wrongfully accused of DUI, you can fight the charges with a strong defense strategy.
Let’s look at some of the legal defenses to DUI chargers.
Hire A Lawyer
The most important step is to hire a DUI attorney from a renowned firm like Trey Porter Law firm. You can avoid hefty fines and a driver’s license suspension by working with your attorney.
Make sure, to be honest with your attorney, about whether you drove under the influence or not. Being on the same page with your attorney is essential to successfully avoid the charges.
Explain Your Bad Driving
You can speak in your defense by arguing that you were simply poorly driving and it was not because of alcohol consumption. The prosecutors first evaluate the driving pattern of the driver. They will appoint an officer to testify if your driving pattern is similar to someone who drives under the influence of drugs and alcohol.
Your lawyer will elicit testimony from the arresting officer stating that the driving pattern is not a reliable predictor of DUI.
Challenge The Field Sobriety Test
When you are charged with a DUI, the evidence against you commonly includes a field sobriety test. Along with your attorney, you can challenge these results as part of your strategy.
The prosecution team will try their best to say that you performed poorly on this test and hence you are guilty. In defense, your attorney will explain how your balance during driving was affected by other factors like fatigue and natural physical coordination.
Question The Initial Observation
When the officer arrests you for DUI, he is required to observe you for at least 15 minutes. Many officers skip this step and instead go for paperwork and a breath test.
If your attorney argues that the officer failed to follow proper observation calls, the investigation can be deemed invalid.
Other Medical Conditions Inflated Your Blood Alcohol
Expert DUI attorneys know that certain medical conditions like diabetes can lead to a successful defense strategy. The reason is that diabetic patients have to fuel their energy from the breakdown of fats. This leads to the production of liver toxic products called ketones.
Ketone is chemically similar to acetones found in alcohol. In conclusion, breath-detecting devices can be tricked by ketones which leads to an unfair DUI charge.
State That You were Mentally Alert
Another defense that you can fight for is that you were mentally active when driving. According to toxicologists, it is highly unlikely that someone who was DUI was only physically impaired and not mentally.
Your attorney can say that you showed no signs of mental impairment and there is some other explanation for physical signs that resemble the DUI.
