3 Defenses An Attorney Can Plead For A DUI
If you have been ticketed with a DUI, you may fully understand the magnitude of this violation. As far as most tickets go, this is likely to be one of the last ones you will ever want to receive. However, the key to being able to maintain your driver's license and avoid steep penalties in the process is by relying on the assistance of a legal professional who can plead a defense on your behalf. Knowing what some of these defenses are may be helpful to you.
Rising Alcohol Defense
It's not uncommon for alcohol to not be immediately absorbed into your blood stream until a period has passed since you drank it. This simply means that your blood alcohol content (BAC) level can potentially rise past the time that you were actually drinking.
The attorney you choose could argue that your BAC was within the right range when you were driving.
Violation of the Fourth Amendment
This amendment protects any individual from being pulled over or searched without a legal reason to do so. In many cases, the lawyer can claim that the police officer had no indication of you being intoxicated and may have unjustly pulled you over, and this could cause the case to be thrown out of court.
Faulty Breath Tests
One defense that is commonly entered on the behalf of a DUI is that unreliable breath tests were given to the driver.
Listed below are some of the common problems with a breathalyzer:
- These were not used properly by the police in charge.
- Instances when there was a malfunction for the instrument that was used to check your breath for alcohol that caused a wrong reading.
- The police officer failed to complete the procedures that are put in place for alcohol testing.
GERD, heartburn or acid reflux and potentially alter the BAC results. These conditions cause acid to flow back from your stomach into your mouth, and this could provide inaccurate testing results. Your attorney could plead that this was the case in your DUI defense if you have medical records that prove you suffer from this condition.
The key to being able to prove your innocence in a DUI conviction may rest on the expertise of your attorney. Be sure to choose an attorney like Patricia K Wood Atty that specializes in this area and can provide the best defense on your behalf.