DUI or even DWI charges can be fretful and difficult to fight against. If you have been arrested for driving under or influence or know someone facing the same situation, here are some strategies to beat a DUI arrest.
Finding The DUI Checkpoint To Be Illegal
There are chances the DUI checkpoint where you were stopped and asked to submit your breath is actually not legal. Most commonly, these checkpoints operate on a busy public road at a specific time of the day, like on weekends, holidays, early in the morning, or late in the evening.
If you are stopped at odd times beyond these, you can challenge the DUI checkpoint’s authenticity.
When stopped, you have the right to remain silent and answer none of the questions thrown at you by the police officer. Provided this should be done most politely.
Fighting The Unreliability Of The Field Sobriety Tests
In certain circumstances, when stopped for DUI, the police officer would ask you to perform field sobriety tests. This is done when the person is found driving erratically, changing lanes frequently, turning sharply, driving too slow or too fast.
There are three types of Field Sobriety Tests performed: horizontal gaze Nystagmus test, one-leg stand test, and walk and turn test.
It is easy to challenge the reliability of these tests. A one-leg stand test can be challenged if you have a disability related to a lack of body coordination. Similarly, walk and turn tests can be challenged for not wearing proper footwear, uneven road surfaces, and other reasons.
In a horizontal gaze Nystagmus test, the police officers use a torch or a penlight and shine it over your eyes directly. Even if you are found moving your eye too much due to involuntary movements, this could prove your drunkenness. However, it is easy to challenge the HGN test if you have an experienced DUI arrest lawyer by your side.
Challenging The Chemical Testing Results
Two mandatory chemical tests are also performed after a DUI arrest, namely a breath test and blood test.
You can challenge the results of these tests to prove innocence. You can easily refuse to provide a Breathalyzer test at the DUI checkpoint asking for the sufficient grounds on which they tried to stop the car and ask for it.
A blood test report result can be challenged by stating reasons like the time gap between the blood test and the DUI arrest. This could have increased the BAC to a higher level than it really was when he started driving. It can also be challenged by stating if the blood samples were mishandled, or if they were not properly refrigerated, and so on.
Stating That The Police Officer Failed To Follow Miranda Rights
According to Miranda Rights, anything that the driver says to the police officer at the DUI checkpoint cannot be used as evidence against him in the court of law. Also, not following the Miranda Rights cancels all the evidence collected against the driver and cannot be presented before the court of law.
This acts as a good move if the driver knows about the Miranda Rights beforehand.
Challenging Breathalyzer Test For Women Drivers
It is easy to challenge the Breathalyzer test when a woman is stopped for driving under the influence. The reason being, most Breathalyzer machines are set according to the BAC of men and are not calibrated properly for women drivers.
This will lead to showing improper and unfair test results. Moreover, alcohol reacts differently for men and women. It would be unfair to keep both at the same parameters. Some of the medications used by women can also make them feel more intoxicated than the males as males have more alcohol tolerance.
Similarly, it is easy to challenge the field sobriety tests when performed by women. Some of these tests would not provide fair results due to the inability of women to perform them even when sober.
Sudden Rising Blood Alcohol Defense
If the Breathalyzer machine showed a sudden rising alcohol content when performed, it is easy to turn the circumstances in your favor.
For instance, if the driver just drank it just before driving the car, the machine would show rising blood alcohol even when the alcohol has not fully absorbed into the system. Proving the time when the last drink is taken can save you from big-time trouble.
Make sure to consider these strategies to beat a DUI arrest if you are wrongly arrested for a DUI. Talk with our expert attorneys to prove your innocence and learn more.