Additional DUI Defenses

DUI (driving under the influence) law is a very complicated field. Attorneys who specialize in this ever-evolving practice stay up-to-date on the latest defense tactics by attending seminars by the National College of DUI Defense. They may also become National Highway Safety and Traffic Administration (NHTSA) certified in performing field sobriety tests.

If you have been charged with drinking and driving, it is crucial to seek out an attorney who is experienced in this field of law. He or she will discuss your case with you and come up with the best possible defense.

Defenses can be categorized into several specific areas. One of these areas is the Miranda Warning. In some places, if the driver was not told his or her Miranda Rights at the right time, any self-incriminating statements that the suspect may have made can be suppressed in court.

An officer must have a sufficient reason to pull over a driver, detain the driver, or arrest the driver on suspicion of DUI. If the reason is not justifiable during a suppression hearing, the entire case may be dismissed. Please be aware that sobriety checkpoints do cause this issue to become more complicated.

Have you heard the phrase “drinking one for the road?” This can cause errors with breath tests, because your body takes anywhere from 30 minutes to 3 hours to absorb alcohol completely into the system. This means that any tests given during this time, whether breath, urine, or blood, will give unreliable results.

A big problem with blood alcohol content (BAC) test results is that the equipment the test was performed on may not meet regulations. If the equipment has not met all state requirements, such as calibration, maintenance, etc., your attorney may challenge this in court.

Often, the officer makes a DUI arrested based on what he or she observes during the traffic stop. Many field sobriety tests can be thrown into question due to the fact that determining whether or not the driver is intoxicated is left to the officer. What the officer considers failing may be biased. You may have other people from the scene testify in court that you did not appear to be impaired at the time.

These are just a sample of the many defenses that can win a DUI case. If you have more questions about which defense you should use, please contact an attorney right now.