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Is it Possible to Fight a DUI Case?

by Hardy

It’s a good idea to fight a DUI or DWI case if you are charged with the consequences. After all, you are innocent until the prosecutors have proven your guilt beyond a reasonable doubt. This means they need solid proof to establish the charges. 

However, there is every possibility to beat the DUI charges by identifying the doubts or legal flaws. There are many such instances that DUI defense attorneys use to protect their clients. You must be aware of such scenarios that can be used to fight the DUI cases, which either reduce the charges or dismiss them altogether. 

This article will provide the legal advice that will help fight the DUI charges levied upon you. Let’s proceed with the details.

The Practical Ways to Fight DUI Charges

No Probable Cause for Stop 

There needs to be probable reasons to stop your vehicle and then detain or arrest you for DUI charges. The police officer should have reasonable cause or suspicion that you are engaged in illegal activity before stopping your car and proceeding for a DUI investigation.

The Fourth Amendment of the US Constitution guards the citizens against unreasonable stops or seizures. In the absence of strong facts, the stop or detention of the vehicle will be considered illegal.

Faulty or Unreliable Breath Tests

The DUI breath tests are among the standard blood alcohol concentration (BAC) tests. However, when it comes to technicality, there are many grounds on which you can challenge and review the action of these tests. 

These BAC tests are not considered accurate because they measure the amount of alcohol present in a person’s breath. Later it gets converted into an amount present in the blood. As a result, these are pretty susceptible and can also give faulty high BAC readings. 

Inaccuracy of Field Sobriety Test

When the drivers are suspected under the influence of alcohol, they may be given field sobriety exercises. There are mainly three Standardized Field Sobriety Tests (SFST). 

  • One Leg Stand (65% accurate)
  • Walk and Turn (68% accurate)
  • Horizontal Gaze Nystagmus (77% accurate)

 However, the accuracy of these tests is also doubtful for detecting the impairment that rarely happens when precisely administered and scored. 

Reasons for test failures:

  • Poor lighting 
  • Bad weather condition
  • Uncooperative driver
  • Vertigo
  • Shoe or clothing interference

No Proof of Driving

The police officer implicating the DUI charges on you have to prove that you were driving the vehicle. In certain instances, it can be challenging for the prosecution to prove the guide. For instance, 

  • If you were caught in a parked car. 
  • If your car had an accident and nobody saw you driving the car. 

Rising Blood Alcohol

Rising blood alcohol is a ground that can save you from DUI charges. After consuming alcohol, it generally takes 45 minutes to 3 hours to get fully absorbed in the body. This time delay typically shows a rising BAC level. 

The defense mechanisms require taking help from a toxicology professional to examine the result of the BAC test. It will prove that the driver was having a rising BAC and was below the actual limit at the time of driving. 

Fighting DUI Charges Makes Sense!

If you face DUI charges, these are some of the legal grounds on which you can challenge the police and prosecution. There are many other such ways where a DUI defense attorney can rescue you from such situations. It’s time you seek legal help from defense attorneys.  

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