Common DUI Defenses
In most DUI cases, however strong the case against you may appear, there are weaknesses and flaws. Whether these flaws are due to a police officer’s mistake or inexperience, or simply the limits of technology, an experienced DUI attorney can use them to defend your case at trial. There are some common forms of DUI defense which focus on well known “weak points” in the average DUI case. Some examples:
Insufficient Evidence for Arrest
Much of the physical evidence that police officers look for in making a DUI arrest is not always reliable. Many symptoms of alcohol consumption are virtually indistinguishable from other, perfectly legal physical symptoms. For example, bloodshot eyes may indicate drunkenness, or simply a case of allergies. It may be possible to argue in court that the officer did not have reasonable cause to believe that you were drunk.
Illegal Traffic Stop
The law requires that a police officer have “probable cause” to pull you over. This applies to all traffic stops as well as DUI cases. If the officer had no reason to pull you over, the case against you may be dismissed. However, a DUI charge can be made against you even if you were pulled over for an unrelated violation – a missing or obscured license plate, for example. Keeping your car in good working order can help reduce the chance you’ll get pulled over for any reason.
Alcohol Absorption Defense
Not everyone knows that it takes time for your body to absorb alcohol and for that alcohol to show up in your blood stream. What this means is that after you consume a drink, your blood alcohol content (BAC) slowly rises over time. Therefore, if you had a drink shortly before getting behind the wheel, you may be able to argue that your BAC while you were driving was within legal limits, even if a test administered hours later showed otherwise due to the slow rise of BAC levels.
Improper Testing
Although technology related to detecting alcohol advances along with science, it is not a surefire guarantee of accuracy. Even disregarding all the ways technology can malfunction, the police officer who administers the tests – breathalyzer, for example – must be properly trained. Often, officers have not received sufficient instruction in the operation of test instruments, and this can be used in your favor in court.
The most important thing to remember is not to attempt to tackle a DUI charge on your own. An experienced and knowledgeable DUI attorney will be able to find flaws in the prosecution on a case by case basis and build an effective defense for you. If you need a reliable Rhode Island DUI lawyer, contact the Marin Criminal Defense Firm at 401-287-4384 today.
