5 Legit DUI Defenses
The outcome of DUI charges is normally stringent, and the effects are long term. The crime goes on your permanent record, and your driving license gets confiscated for quite a while. However, there are several ways to save yourself from the legal liabilities, especially if you are innocent or did not cause any considerable harm. Criminal Defense Attorney in Overland Park, KS shares a few effective DUI defenses that your attorney may employ:
- The Police interference was uncalled for
A police officer is prohibited from pulling you over without a reasonable excuse. They cannot legally stop, detain, investigate, or arrest you for DUI, unless you have displayed suspicious behavior. The case will be dismissed in absence of probable cause or warrant. If a citizen is obeying all traffic laws, the police cannot stop them based on a gut feeling or intuition. Any evidence collected thereafter is deliberated as futile.
Moreover, the police cannot charge you with a DUI crime unless they can prove that you were really driving. If you were found drunk sitting in a parked car, the prosecutor shall fail to verify that you actually drove while under the influence.
- Errors in Field Sobriety Test
There are three basic types of field sobriety tests: the horizontal gaze nystagmus, the walk & turn, and the one leg stand. The police have to follow a specific protocol to perform these tests and yet they are not sufficient to determine that a person is truly intoxicated. The purpose of this regime is to check the body’s balance, reflex, and consistency in movement.
The result of the field sobriety test can be deemed invalid via a number of explanations. The person may have performed poorly due to the undermining or intimidating approach of the police officer. Dim lighting, uneven surface, and unfavorable weather conditions can also affect the conduct. Some people simply flounder because of inappropriate footwear or lack of physical fitness.
- Unreliable Blood Alcohol Testing
The most common technique used by traffic police to measure BAC (Blood Alcohol Concentration) is DUI breath testing, which is associated with several flaws. The primary argument is that it gives an estimate of alcohol levels in the mouth, rather than in your blood. A high reading on the Breathalyzer can owe to alcohol residues in the mouth, thereby providing a false basis. It is possible that the measurement was influenced by external factors as well.
Sometimes testing equipment may lack sterilization and calibration; measuring gadgets could be faulty or may conflict with legal standards. If the police arrange for a more accurate blood test, ensure that it is executed by a trained phlebotomist. The sample should be well preserved after extraction and be examined in due time. If the authorities fall short at any stance, the blood sample report will be rejected in court of law.
- Disregarding Miranda Rights
Police officers are obliged to recite the ‘Miranda Warning’ while making an arrest:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.”
If an individual is not informed of his/her Miranda rights, any evidence against them will become void. You may escape punishment if the prosecutor tries to interrogate/question you without the consent or availability of a legal counsel.
- Medical Conditions
Under certain circumstances, your medical or health condition can become an effective alibi against DUI charges. Symptoms like slurred speech, lopsidedness, watery/red eyes, sweating, and sluggish behavior can be the result of neurological problems; sometimes they are mere signs of fatigue or exhaustion. Issues like heartburn and acid reflux can also tamper with BAC measurements.