DUI Defenses
If you are arrested for driving under the influence (DUI), it is important to remember that you are innocent until proven guilty. Indeed, along with ensuring a number of personal rights, such as free speech and choice of religion, the U.S. Constitution protects citizens from being harassed by members of law enforcement. If you are accused of a crime, the authority filing charges against you is therefore legally obligated to prove that you are guilty beyond a reasonable doubt—in other words, the evidence against you must be so overwhelming that no reasonable person would question your guilt. Fortunately, there are a multitude of DUI defenses that can be used to prevent the prosecution for meeting this requirement.
For example, did you know that police officers are required to have probable cause for stopping a vehicle? Prior to pulling someone over, the officer must witness the driver doing something that warrants further investigation, such as speeding or running a red light. This means that, unless you violate the law in some way, you should not be stopped—and keep in mind that being out late at night or driving through a “rough part of town” are not sufficient reasons for an officer to pull someone over.
Even if you are stopped for a traffic offense, the officer who pulls you over must also have probable cause to suspect you are under the influence of alcohol before he or she can ask you to perform a breathalyzer or other chemical test. Since federal prohibits operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher, officers often use chemical testing to determine a driver’s level of impairment. However, if there is no evidence to suggest a driver is intoxicated, the officer does not have the authority to administer any type of chemical test. Some of the things officers keep an eye out for include bloodshot eyes, the smell of alcohol on your breath, an open container of alcohol, and/or slurred speech.
Of course, if both probable cause requirements are met, there are several other DUI defenses that be used to challenge your arrest. For instance, because the law defines DUI as driving with an illegal amount of alcohol in your bloodstream, you must have had a BAC above the 0.08% limit at the time you were behind the wheel—not at the time your test was administered.
Since it takes time for alcohol to process through your system, it is quite possible to have an illegal BAC at the time you are tested, but not at the time you were driving. Known as the “rising BAC” defense, this tactic is often used in cases where a substantial amount of time passes between a driver’s initial stop and his or her chemical test.
To determine the best approach for your case, it is important for you to discuss your arrest with an experienced DUI lawyer. From proving the arresting officer did not have probable cause to arrest you to questioning the reliability of your chemical test results, a skilled legal professional can create a strong argument that supports your defense and helps you avoid the massive penalties that follow a drunk driving conviction.
For more information on how you can challenge your arrest, submit a free online case evaluation today to find an attorney who specializes in DUI defense.