This write up helps you find a defense in circumstances of conviction and arrest under the DUI laws. It is not about picking up ‘one defense, instead it is developing a strategy, examining every aspect of the case.
- Your intoxication loses ground, unless the fact that you were driving is proved.
- The police should have a legal reason to stop or detain you for a sobriety test., often you are halted for a different reason and arrested under DUI offence. This helps in the nullifying the arrest.
- Where the officer performing the sobriety test hasn’t informed you about the consequence or has given false information, it invalidates the Department of Motor Vehicle (DMV) license suspension which is based on refusal to cooperate for the test.
- Officer’s opinion to believe that you were under influence can be questioned and cross examined. If you can prove that there is no enough proof of your driving under influence you can win the case.
- Where the officers have restrained from giving Miranda Warning to the accused, it can very well help in fighting the case in your favor.
- Inappropriate timing of Blood Alcohol content (BAC) Test, test during the absorption stage of alcohol which varies from half an hour to 3 hours varying from person to person could lead to wrong results.
- Inaccuracies in Blood Alcohol Test present a viable reason for defense. Testing of a blood sample requires a number of clinical conditions to be complied with for the correct results.
- Inaccuracies in Breathalyzer Test a vital area of defense. Improper recognition of chemicals as alcohol by the breathalyzer machine is a major drawback and defense.
- Medical reasons such as diet or intake of medicines could lead to wrong DUI conviction.
- Administrative hearing for license suspension sometimes results in disclosing mistakes by the examining officers.
- Regulation of sobriety test requiring complying with certain pre laid conditions can be a part of your defense.
Originally posted 2016-12-11 14:01:04.