When charged with a DUI, you may feel that you are stuck in a deep hole and there is no way out. Don’t despair. In this blog post, we will discuss ways to combat a DUI charge and ultimately get out of the hole.
Here are some defenses that our DUI attorneys can use to avoid a conviction or to reduce penalties:
1. Breath Test Operator Uncertified – If the breath test operator did not have a valid certification, then the results may not be admissible.
2. Twenty-Minute Rule Not Applied – Breath test results can be thrown out if the officer did not watch the person for the required 20 minutes prior to taking breath samples.
3. Breath Test Refusal Penalties were not Explained – Per the recent Supreme Court of the United States decision in Birchfield, the government cannot seek to enhance your criminal penalty if you refused and you were threatened with increased criminal penalties if you were to refuse.
4. False Positive Results – Breath test machines may inaccurately read certain chemicals in cough syrup, chewing gum, and even the yeast in pizza dough causing elevated BrAC results. Furthermore, if you were to suffer from diabetes, esophageal hernia, GERD gastroesophageal reflux disease, or other illnesses the readings can be inaccurate. Even a fever can elevate the readings.
5. You were Stopped Illegally – If the officer stopped your vehicle without a reasonable suspicion, like a motor vehicle violation, then all evidence that was obtained following the illegal stop may be inadmissible.
6. Use of Invalid Field Sobriety Tests – To test for probable cause to arrest, there are only three field sobriety tests that are standardized: the Horizontal Gaze Nystagmus test, the Walk-and-Turn test, and the One Leg Stand Test. Other field sobriety tests, such as the alphabet recitation test, finger-to-nose test, and Romberg Balance test are not scientifically validated in determining intoxication. Other factors, such as pre-exisiting medical conditions, acute injuries, obesity, neurological conditions and age can also invalidate the results of these tests.
7. Withholding of Evidence by Prosecution – The prosecution is legally obliged to provide all exculpatory evidence in its possession. If they fail to respond to a motion in court and turn over all evidence being withheld, then the entire case may be dismissed.
8. Video Tapes – Many times the video recordings that were made of the roadside arrest and of what transpired at the police station, reveal inconsistencies in the police reports. Additionally, these video recordings can be used to show that the individual was operating the vehicle without problems, did not have balance problems, was not incoherent, and did not slur his or her speech.
9. Blame it On the Rain – Rain, sleet, snow, can be used to explain certain driving behavior and physical balance problems.
10. Blood Testing – If proper procedures were not followed or there is bad science in the lab, then contamination or other issues surroudnin gthe instrument could compromise the validity of the results. We have uncovered a lot of issues with testing in labs.
Don’t let a DUI charge turn into a DUI conviction. Call the expert attorneys at The McShane Firm to fight those charges aggressively. Call for your FREE initial consultation at 1-866-McShane.