If you’re facing a DUI charge, it might feel like the end of the world. Between being stopped, searched, handcuffed, and forced into sobriety tests, it’s a scary experience. But being charged doesn’t mean you’ve been convicted. Some DUI cases are full of errors and questionable evidence that can be challenged.
While only an experienced attorney can know if these apply to your situation, here are 5 defenses that commonly get DUI charges reduced and cases dropped:
1. The initial stop was illegal
A police officer needs a legally valid reason to pull you over – they can’t just decide to pull you over randomly and then arrest you for driving under the influence. If the officer who pulled you over didn’t notice any erratic driving, traffic violations, or other suspicious behavior, the stop could be deemed unconstitutional. And if that’s the case, then anything that happened after the stop – like taking a breathalyzer or allowing a search – could be tossed out.
Unfortunately, some police officers make initial stops based on race, age, and type of car, among other factors. If the officer claims the stop was valid, dashcam and bodycam footage can help establish the true nature of the stop.
Another type of illegal stop is a DUI roadblock that didn’t adhere to legal procedures. If the checkpoint didn’t comply with certain guidelines, any arrest made there can be challenged. For example, a checkpoint doesn’t give officers the freedom to force anyone into field sobriety tests or a breathalyzer. They still need reasonable suspicion for anything more than brief questioning.
2. The breath or blood test was flawed
Both blood and breath tests are far from infallible. Breathalyzers need to be regularly calibrated and maintained. If the machine used wasn’t up to spec, the reading could be inaccurate and inadmissible. A reading can also be inadmissible if the officer didn’t administer the test properly.
Medical conditions like GERD and diabetes can affect breath test results, and blood tests can be tainted by improper storage or collection techniques. Mouthwash can also play a role in a false breathalyzer reading.
Since alcohol levels change over time in the body, a test taken an hour after driving might not accurately represent your BAC when you were arrested. For example, if you had a few drinks right before driving, your BAC might have been within the legal limit while you were driving, but it may have increased by the time your blood was drawn.
3. The field sobriety tests were unreliable
Field sobriety tests are designed for failure. Walk the line, touch your nose, say the alphabet backwards. It’s not scientific and you don’t need to be under the influence to fail. To top it off, these tests are judged by the officer who made the arrest, which is hardly a neutral party. Their interpretation can be heavily biased.
Injuries, anxiety, age, and neurological conditions can impact your ability to perform these tests even while sober. And police often fail to account for any of that, even when they ask up front if you have any conditions that would make it hard for you to perform the tests.
Many people fail the tests for not following the instructions, but sometimes officers don’t explain it clearly or give conflicting directions. Not to mention the directions can be difficult to follow even while sober. For instance, the walk-and-turn test requires keeping your arms at your side, placing your feet heel-to-toe, and taking nine steps in a straight line, keeping your toes and heels touching while counting the steps out loud. After the ninth step, you’re supposed to turn on one foot and take nine more identical steps in the opposite direction.
That’s a lot to remember and a lot of room for failure. It’s no surprise that studies have shown this test is only 68% accurate for determining impairment.
4. You weren’t actually driving
In some situations, the prosecution can’t prove the individual was driving at the time of impairment, and that leads to a case dismissal. However, if you were caught sleeping in your car – even in the backseat – you can still be convicted of a DUI in most states.
5. Your rights were violated
If your constitutional rights were violated, your case could get dropped. For example, if nobody read your Miranda rights or you weren’t given the chance to talk to a lawyer, those are clear violations. Your lawyer can use rights violations to challenge the prosecution’s case.
Don’t plead guilty without a fight
Don’t assume you’re doomed. Many DUI cases can be fought with the help of a good lawyer. With the right legal defense, you might beat the charge, reduce it, or at least avoid the harshest penalties.
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