Getting pulled over and charged for a DUI can be a very traumatizing experience, especially if you’ve never been arrested in your life. It can feel like the whole world is against you, but you shouldn’t feel alone. There are several defenses that can be employed in the right circumstances that can prevent a DUI from appearing on your record. With a good lawyer who knows these defense tactics, you might be able to come out of your charge unscathed and learn from your mistakes. The following are a few of the defenses that can be employed in the courtroom by your lawyer to defend you.
Insufficient Evidence
Sometimes police officers make arrests based on what they see, and this mistake can be exploited in court. For example, sluggish or uncoordinated demeanor does not necessarily mean that a person behind the wheel was under the influence of alcohol. A person who is extremely tired can also exhibit this behavior. This can be a successful defense under the right circumstances, and it is a defense that should be considered.
No Probable Cause
Occasionally, there is no justification for a police officer making the traffic stop in the first place. In order for a traffic stop to occur, there has to be some violation or suspicion that a law is being broken. If none of these were present at the time of the arrest, then you could have a solid case in your favor. This can be difficult to defend, however, because it essentially becomes a case where it is your word against the police officer’s word. If your lawyer can present a convincing argument, this could work for you.
Blood Alcohol Content Testing
This is an interesting defense, because your blood alcohol levels can be high at the time that they were tested, but not at the time that you were behind the wheel. If you got in your car immediately after having a couple of beers, then it is possible that your blood alcohol levels were not over the legal limit at the time that you were pulled over. After about 30 minutes, your blood alcohol levels go up. The window between the time you drank the alcohol and the time that your blood alcohol was tested can be used in your defense. It could be that at the time you were pulled over, you were operating your vehicle under legal blood alcohol levels.
Improper Field Sobriety Tests
Increasingly, field sobriety tests have shown to be ineffective at determining whether a person is under the influence of drugs or alcohol. This can be even more inaccurate if the police officers doing the field sobriety tests are doing them wrong. If police tapes show that you were subjected to incorrect field sobriety tests, this can be grounds for your DUI to be dismissed.
As you can see, there are many possible defenses that you can use to defend yourself against a DUI. You are not alone in this process, and with a good lawyer, it can be possible for you to be successful in defending yourself.
The Law Offices of David Michael Cantor has been providing DUI Defense in Arizona for over 20 years. David and his firm have over 1,000 DUI Case Victories in the State of Arizona.
