A Driving Under the Influence (DUI) charge, is one usually given to those arrested when driving with a blood alcohol concentration of 0.08% or higher. However, DUIs can also be given to those found operating a vehicle while under the influence of either legal or illegal drugs. DUI cases often result in severe penalties and substantial fines. However, there are many effective defenses used by legal experts that can be used to reduce or dismiss charges.
One defense, DUI vs DWI, is the idea that the equipment used to test for the presence of alcohol may have been faulty. The most common type of equipment used is a breathalyzer, which measures the percentage of alcohol present in your breath sample. However, breathalyzers are sensitive forms of equipment that seldom work properly if not calibrated effectively previous to use. Therefore, a DUI attorney can use the defense of faulty equipment for a DUI case and use it as a means to nullify the breath samples and as such dismiss the only evidence present in the case.
A second defense is an idea that certain equipment used to test for the presence of alcohol can be misled by the presence of other chemicals in the body. This includes chemicals produced by those on specific diets, those suffering from diabetes, or those with abnormally high amounts of sugar in their blood.
In keeping with the idea of faulty equipment is the defense that field sobriety tests may have been failed by the driver as a result of other, unrelated factors. Field tests used to test for sobriety often involve eye movement, and a lack of responsiveness is usually deemed as evidence for DUI. However, many legal prescription drugs can limit the movement of eyes- as can fatigue and possibly stress. As such, a defense against a DUI could be the idea that the defendant didn’t fail the field test as a result of alcohol- but as a result of other, legal and reasonable factors.
A fourth defense for a DUI is the idea that, when arrested, officers did not react according to protocol. If Miranda rights weren’t read, or a person was victim to any form of misconduct, then the prosecuted may have reason to ask for the case to be dismissed or for the charges to be reduced to Reckless driving.
A fifth defense that could be used for a DUI is the idea that the police officer had no probable cause for stopping the vehicle in the first place. If a defendant can prove that their driving was in no way suspicious and that there was no evident reason for a traffic stop, then the DUI case could be dismissed, or the charges significantly reduced.