The mistake that many people charged with a DUI make is in thinking that if they have a blood alcohol level result of over 0.08% at the scene, there is no way to win a DUI charge. The truth is that there are many ways to beat a DUI charge if you have the right lawyer on your side. There are seven common defenses that will work to save you from either a felony DUI or a misdemeanor DUI, depending on what charges you are facing. The key is to know what your rights are, and what the procedures are for charging someone with a DUI, so your lawyer can poke holes in the case against you if need be.
Being improperly stopped
Certain things constitute the right to stop someone for suspicion of DUI. According to the Fourth Amendment, law enforcement has to have specific grounds to stop someone. The police must have either a warrant or reasonable cause to stop you – otherwise, it is technically an illegal search and seizure. For a police officer to stop you they have to show “just cause” that they suspected that you were driving while intoxicated, or the BAC from the breathalyzer might be inadmissible – and without it, there is probably not a case against you.
They didn’t follow the proper field sobriety protocol
There are specific protocols in place to conduct a field sobriety test. If a law enforcement officer didn’t follow those protocols specifically as outlined, then it becomes an inappropriate test and is inadmissible in a court of law. Since they are highly subjective, field sobriety tests alone cannot be the only admissible evidence that the police officer can use to win a case against you.
Improper BAC samples from blood
If the police subjected you to a blood BAC test, then it might be possible that they didn’t do a proper analysis or that they didn’t use a phlebotomist who is licensed to conduct BAC tests. Following an arrest, any blood samples that are collected have to be stored in a specific way. If that protocol is not followed, then the blood can be considered “tainted” and is not admissible.
Any medical conditions
You may have a medical issue that can cause your driving to present as a DUI. If you have a medical condition with neurological problems that can cause you to fail a field sobriety test, then there is the possibility that – unless you fail a DUI breathalyzer – your lawyer might be able to prove that your failure to pass is due to your pre-existing medical condition.
Not read your Miranda rights properly
If you are arrested for a DUI, then the police officers have to read you your Miranda rights. If they err in any way then your arrest will not be legal, and the case against you must be dismissed. That is why you have to go over every detail of the arrest with your lawyer to ensure that the police warned you of your rights to counsel before they arrested you for DUI. If they gather any evidence, whether it is questioning or any statements that you made without having been read your rights, then anything you said can’t and won’t be used against you because your statements become inadmissible.
Inappropriately talking with the defendant
If a prosecutor attempts to talk to you without you having counsel and you have not waived your Miranda rights, then you have a case to make whatever you said inadmissible. If you have requested counsel, you are not allowed to have a conversation with the prosecutor unless your lawyer is present.
Any violation of the procedures
There are other ways to fight a DUI conviction. Things like not having a BAC instrument calibrated or even using specific models that aren’t approved are some of the technicalities that an excellent DUI defense attorney can use to help you fight allegations of DUI.
Even if you fail a breathalyzer test, that does not necessarily mean that you are going to be convicted of DUI. Since there are many procedures and types of protocol that have to be followed in order to charge someone with this, DUI defense lawyer in Baltimore has several avenues along the way to find a way to defend you against DUI charges.