Anyone who drives a vehicle and enjoys the occasional drink should know about common DUI defenses. Even if a driver doesn’t feel impaired, or if field testing was inaccurate, they may find themselves needing a DUI Defense Lawyer. With a basic knowledge of the law, a driver can protect their rights and prevent self-incrimination. Below are a few of the most common DUI defense strategies.
Miranda Rights
Anyone who’s ever seen a police procedural drama knows how the Miranda warning goes. Despite the commonality of Miranda, an arresting officer still has to inform a detainee of those rights before any interrogation can take place. If they fail to do so, or if they omit part of the warning, an attorney may be able to form a solid defense and get the charges dismissed.
An Improper Stop
When an officer pulls a driver over, they must do so with probable cause. This means that officers can’t randomly pull people over for DUI testing; they have to have a valid reason to make a stop and a reason to ask a driver to take a sobriety test.
A Pre-Existing Medical Condition
This defense isn’t applicable everywhere, but if a driver has a medical condition that mimics the signs of intoxication, a DUI Defense Lawyer may use that defense. For instance, a diabetic may act erratically if they have low blood sugar. A person with acid reflux may achieve a higher Breathalyzer reading, and a person with motor impairments may not do well on field sobriety tests.
Alcohol in the Mouth
Certain dental fixtures and medical conditions may bring artificially high Breathalyzer readings. Crowns, bridges, dentures, and other dental work may trap alcohol in the mouth. Likewise, if a person has consumed alcohol within the 15 minutes before a stop, they may read higher than normal as well. Officers are supposed to wait at least 15 minutes before administering a breath test to minimize this effect, but that’s not always the case.
DUI charges are of course very serious, but like all other criminal offenses, a person has the right to an adequate defense. Call. to schedule a consultation with a local DUI lawyer. You can also watch video on their YouTube channel.
