Many drivers believe that a DUI arrest automatically leads to a conviction. That is not the case.
An experienced attorney will sit down with the accused and craft a defense that may help the driver beat the charge. The following are a few of the defenses the attorney may recommend using after reviewing the case.
1. Rising Blood Alcohol
A person’s body continues to absorb alcohol even after they have stopped drinking. As a result, the person’s blood alcohol content will continue to rise. They may have the first drink at 6 pm and the last drink at 8 pm.
If this individual leaves soon after the last drink and is pulled over, the officer needs to conduct a blood or breath test at the site.
If they do not and wait a few hours to carry out these tests, the BAC might be higher than it was at the time of the rest during to rising blood alcohol. The results of the blood or breath test may then be negated.
Contact a criminal defense attorney to learn more about rising blood alcohol and how it may be used as a defense in a DUI case.
2. Mouth Alcohol and False BACs
Mouth alcohol during a breath test can lead to a person being charged with DUI. However, they may not be inebriated. It may be nothing more than alcohol particles in the mouth leading to a falsely high BAC.
Heartburn and burping are two reasons a person may have mouth alcohol that throws the breath test results off.
3. The Accuracy of Field Sobriety Tests
Every person charged with a DUI should consider challenging the accuracy of the field sobriety tests. An officer must use three tests to determine the sobriety of an individual. When used separately, the horizontal gaze nystagmus has an accuracy rate of 77 percent.
The walk-and-turn test accuracy rate is lower, coming in at 68 percent. If only the one-leg stand test is used, a defendant should question its accuracy, as studies show officers incorrectly determine the BAC of the individual 35 percent of the time.
4. Improper Police Procedures
Law enforcement officers must follow certain procedures when stopping a person for suspected driving under the influence. For example, the officer may need to have probable cause when pulling a driver over.
In addition, they may need to read the driver their Miranda rights before proceeding with an interrogation. A failure to take either of these steps or many others could lead to the DUI charge being dismissed by the court.
5. Medical Conditions and High BAC
Certain medical conditions can lead to a falsely high BAC. Acid reflux and GERD can lead to high BACs, as acids in the stomach may naturally contain alcohol. When these acids come back up, they can throw off breath test results. Any person diagnosed with one of the medical conditions may find they can use the diagnosis as a defense in their DUI case.
Diabetics might find themselves in a similar situation, as ketones in the bloodstream can lead to a false positive breath test. Individuals who eat high protein, low carb diets need to share this information with law enforcement officers if they are pulled over because this type of diet can also lead to inaccurate breathalyzer results.
Never go to court alone when charged with a DUI. An experienced attorney will work to have the charges reduced or dropped. They have extensive knowledge of the law and will use this knowledge to help the client get the most favorable outcome. Reach out to an attorney today for assistance, as no person wants a DUI conviction on their record. The attorney will try to prevent this from happening.
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