What Defense Can You Argue To Get Out Of A DUI Charge?
If you are arrested for a DUI, you need to act quickly if you intend to fight the charge. You need an attorney to help you mount your defense and build a case with the goal of getting the charges dropped. However, you need to know the possible defenses you may have. The following are some arguments that your attorney may use to help you get out of your DUI charge.
Problems With the Breath Test
A breathalyzer test is used in DUI stops to measure the amount of alcohol on your breath. The test does not measure your blood alcohol content. There are some different issues that can cause a higher reading on a breath test.
For example, if the officer did not issue the test correctly, your attorney could argue that the reading was not accurate. The same argument can be made if the breathalyzer itself had a malfunction. You may also get a higher reading if there are still actual traces of alcohol in your mouth, particularly if you vomited after drinking. Your attorney will investigate this to see if there were any errors in the initial testing to prove your case.
The Officer Had No Reason to Stop You
A police officer needs to have probable cause to stop you. You cannot be stopped just because an officer saw you drive away from a bar, for instance. There has to be a reason for stopping you that has to do with your driving. If you drive without your headlights on after dark, swerve on the road, speed, or commit some other traffic violation, the officer then has probable cause. If you do not exhibit any bad behaviors, you can argue there was no reason to stop you and perform a field sobriety test.
Your Blood Alcohol Increased Over Time
The calculation of blood alcohol is a science. It takes a long time for the alcohol to build up in your bloodstream. Your blood alcohol content will continue to increase as it absorbs. The point of a DUI is your blood alcohol content when you are driving. If you were not tested until well after you were initially stopped, your attorney can argue that the reading you received was not accurate at the time you were driving the car.
If you have any questions about building a DUI charge defense, be sure you work with a drunk driving attorney.