A DUI charge might feel overwhelming and impossible to fight—but that’s not always the case. In fact, there are several legal defense strategies that attorneys have successfully used in court to challenge DUI allegations. The effectiveness of these defenses depends heavily on the unique details of your case.
Below is an overview of five potential DUI defenses that may be used to protect your rights and build a stronger legal strategy.
Unreasonable Search and Seizure
A core defense to DUI charges often lies in challenging the legality of the traffic stop itself. If a police officer lacked reasonable suspicion to initiate the stop, any evidence gathered may be inadmissible in court. The Fourth Amendment protects citizens from unlawful search and seizure, and a criminal defense lawyer may argue that the stop violated these protections.
For instance, pulling over a vehicle without a clear indication of a traffic violation or impaired behavior could constitute a breach of constitutional rights. This strategy may lead to the suppression of key evidence and weaken the prosecutor’s case.
Invalid Sobriety Test
Another common strategy among drunk driving defenses involves scrutinizing the validity of the sobriety tests administered. Field sobriety testing must be conducted according to guidelines set forth by the National Highway Traffic Safety Administration. When these tests, such as the walk-and-turn, one-leg stand, or horizontal gaze nystagmus, are performed improperly or under poor conditions, their results can be challenged.
A skilled lawyer might bring in expert testimony to show that a defendant’s poor performance was not due to alcohol intoxication but rather due to fatigue, stress, or even uneven terrain. Such inconsistencies can cast doubt on the accuracy of the test and the competence of the police officer involved.
False Positive BAC Results
False positives in blood alcohol content (BAC) results can significantly influence DUI cases. Breathalyzers require routine calibration and maintenance to produce accurate readings. A criminal defense lawyer may examine the device’s maintenance records and challenge the chain of custody of the sample.
Other factors, such as certain medications, can also skew results. The defender can argue that a false reading led to an unwarranted arrest and cast reasonable doubt on the reliability of the blood test. Moreover, questioning the implied consent process and the way law enforcement obtained the sample may further strengthen the defense.
Specific Medical Conditions
Some medical conditions can mimic the symptoms of alcohol intoxication, leading to wrongful accusations. Conditions such as diabetes or neurological disorders can affect speech, balance, and even breath test results. For example, ketones in a diabetic’s breath may be misinterpreted as alcohol by a breathalyzer.
A criminal defense lawyer can present medical records and expert witness testimony to challenge the assumption that the defendant was impaired. This defense becomes particularly effective when combined with evidence that the individual did not exhibit behavior consistent with driving under the influence during the traffic stop or arrest.
Lack of Proof
Finally, one of the most fundamental drunk driving defenses is arguing a lack of sufficient proof. In criminal law, the burden of proof lies with the prosecutor, who must demonstrate the defendant’s guilt beyond a reasonable doubt.
If the evidence is inconclusive, improperly gathered, or contradicted by witness statements, the court may find the defendant not guilty. A competent defense attorney might also challenge the validity of the arrest itself, the credibility of police testimony, or the absence of a properly administered Miranda warning. This approach often becomes the basis for negotiating a plea bargain or even securing a dismissal before trial.
If You’re Facing a DUI Charge, Reach Out to Zapicchi & Liller LLP
At Zapicchi & Liller LLP, our law firm defends clients charged with DUI in New Jersey, as well as other criminal offenses. To schedule a consultation with our skilled legal experts and discuss the details of your case, call us today.