Facing an arrest for DUI charges shouldn’t be considered a trivial matter, even if the charges are simple and straightforward. Most people think hiring a family lawyer to handle the charges or pleading guilty takes everything away. However, DUI charges and laws surrounding these claims have several pitfalls that you should know to survive DUI charges.

Not recognizing these pitfalls while defending the case can lead to a DUI conviction, which brings forth more future problems, especially since DUI is a criminal offense. You should defend your DUI charges using the following tips.

• Inaccurate DUI Blood Test

Most DUI charges are based on alcohol levels in your blood. However, blood testing for alcohol should follow strict testing protocols to ensure accuracy. Besides knowing what does an alcohol assessment determine, you should identify various pitfalls that arise during this process.

For instance, it may take days before the collected blood samples are tested. However, blood is organic in nature and starts decomposing due to bacterial action and enzymes. Decomposition of blood produces alcohol, resulting in false positives. Fermentation can also occur if technicians don’t refrigerate samples properly or don’t add the correct amounts of preservatives. Since law enforcement officers and the plaintiffs build DUI cases based on blood test results, proving these results aren’t accurate waters down the case. 

• Objective Symptoms of Intoxication Don’t Confirm DUI

Challenging the prosecution’s use of physical symptoms of intoxication or being under the influence is another effective strategy for fighting DUI charges. Law enforcement officers often note down your physical appearance to be used during investigations. The arresting officer should testify that you showed signs of being under the influence.

These signs include having slurred speech, red or watery eyes, strong alcohol breath odor, or a flushed face. The officer may also claim you had an unsteady gait. However, a skilled DUI attorney can defend charges leveled against you based on physical symptoms. For instance, it is normal for individuals with allergies, eye irritation, or colds to show these symptoms.

If you encounter issues defending yourself from an accusation of intoxication, consult some legal experts who handle a range of DUI charges. During the consultation, provide the attorney with all the details of your situation, including the circumstances of your arrest, any evidence against you, and any mitigating factors. Be honest and forthcoming so that the attorney can provide an accurate assessment of your case.

• Bad Driving Doesn’t Equal DUI

Arguing that you were driving poorly and erratically is another solid defense against DUI charges. Prosecutors often focus on proving that you demonstrated poor driving patterns. As such, they often call on the arresting officer to testify that your driving behavior was consistent with someone under the influence of drugs or alcohol.

Driving patterns often include allegations of speeding and weaving in your lane. Fortunately, an experienced attorney can rebut this evidence in many ways. For starters, a poor driving pattern isn’t a reliable indicator of DUI. The attorney can also demonstrate in court that most traffic violations are committed by sober people.

• Field Sobriety Tests aren’t Accurate Indicators of Impairment

The prosecution team largely relies on field sobriety tests to build their DUI case. However, you can challenge these results as part of your defense strategy. The prosecution team often calls on the arresting officer to testify that you performed poorly, which made them conclude that you were driving under the influence.

However, your attorney can explain that other issues can cause poor coordination and balance. For instance, you may list poor natural physical coordination, nerve issues, fatigue, clothing, and other health issues as the reasons behind failing the FST.

When asked to pull over for suspicion of intoxication not caused by alcohol, it’s crucial to handle the situation calmly and cooperatively. Once pulled over safely, be transparent about any medications or substances you’ve taken that could affect your behavior or appearance. 

Explain your situation clearly, emphasizing that any signs of intoxication are not due to alcohol consumption. Offer to cooperate with any tests or procedures the officer may request, such as field sobriety tests or a drug recognition evaluation, to address their concerns. 

If you believe your condition is due to a medical issue or prescribed medication, respectfully request a professional assessment by a medical expert. While being honest and cooperative, avoid making statements that could be interpreted as an admission of guilt, sticking to the facts of your situation. If uncertain, seek advice from a lawyer experienced in handling DUI cases involving drugs or medication to navigate the legal process effectively.

Endnote

The prosecution team bears the burden of proof in DUI cases. They should prove that you were intoxicated and your driving pattern was impaired. However, you can successfully fight these charges with help from an experienced DUI defense lawyer.