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Understanding the Role of Probable Cause
One important part of any DUI case is probable cause. Probable cause refers to the legal reason an officer must have before pulling over a driver. For example, if a police officer pulls over a commercial driver simply out of curiosity and not because the driver was breaking any traffic rules, then probable cause may not exist. Without probable cause, any evidence obtained during the stop could be ruled out in court. This is a key defense for CDL holders in DUI cases. If an officer stopped the driver without a clear reason, a skilled attorney may be able to argue that the stop was unlawful, which can lead to the dismissal of the DUI charges. This defense can be especially helpful if there is no evidence that the driver was driving in an unsafe manner.Challenging Breathalyzer Test Results
Breathalyzer tests are common in DUI cases to measure a driver’s blood alcohol concentration. However, these tests are not always accurate. Several factors can affect a breathalyzer test’s accuracy, such as the driver’s health, the machine’s calibration, and the officer’s training on using the machine. CDL drivers facing DUI charges may be able to challenge the accuracy of the breathalyzer results in court. For example, if the machine used during the test had not been calibrated properly or if the officer administering the test was not properly trained, the test results might be questioned. Showing that the breathalyzer test was unreliable can weaken the prosecution’s case and may result in reduced charges or a full dismissal.
Questioning the Field Sobriety Tests
Field sobriety tests are another common method used by officers to assess a driver’s level of impairment. These tests usually include physical exercises like walking in a straight line or standing on one leg. However, field sobriety tests are not foolproof. Many people may fail these tests for reasons unrelated to alcohol, such as fatigue, medical conditions, or even anxiety. Commercial drivers often work long hours, and their physical state may be affected by the demands of their job. If a CDL driver fails a field sobriety test, it may not necessarily mean they were impaired. In court, an attorney may be able to argue that factors unrelated to alcohol affected the test result, which can create doubt about the driver’s impairment.Exploring the Option of Blood Tests
In DUI cases involving CDL holders, blood tests can sometimes be a more accurate way to measure alcohol levels than a breathalyzer. However, blood tests must follow strict guidelines to be considered valid. For instance, blood samples must be taken by trained professionals, and the samples must be stored correctly to avoid contamination. If there were any errors in handling or processing the blood sample, the results might not hold up in court. By reviewing the procedures followed during the blood test, an attorney might find mistakes that could make the test results unreliable. Challenging the reliability of a blood test can be a powerful defense in a CDL DUI case and may help in reducing or dismissing charges.The Role of Medical Conditions in CDL DUI Cases
Certain medical conditions can mimic signs of intoxication and lead to a false DUI charge. For instance, conditions such as diabetes, acid reflux, or certain medications can cause a driver to appear impaired even if they haven’t consumed alcohol. In CDL DUI cases, proving the existence of a medical condition that could have led to a false reading on a breathalyzer or affected a field sobriety test can be a key defense. For example, acid reflux can cause alcohol from the stomach to rise to the throat, creating a false-positive result on a breathalyzer test. CDL drivers who have a medical condition should inform their attorney, as this information can be used to build a strong defense."He has an innate ability to convey to clients what really matters in their cases."
"John Bateman is my absolute go to peer in the legal field when it comes to questions about DUI. . . . He has an innate ability to convey to clients what really matters in their cases. As a fellow attorney, I highly recommend John to anyone in the SC or NC areas who are looking for... legal representation when facing a DUI charge."
M. Brock
"An excellent DUI attorney. He has received the same field sobriety test training as all police officers in the State"
"John is an excellent DUI attorney. He has received the same field sobriety test training as all police officers in the State, and also the same training as the people who are the instructors of the police officer training courses on field sobriety tests. He is very passionate about DUI's and I recommend him often to people who are facing serious charges in the upstate area."
P. Hammond
"He cares for each of his clients and works extremely hard to achieve results."
"Very knowledgeable and thorough in his preparation and representation of his clients. He cares for each of his clients and works extremely hard to achieve results. I highly recommend this lawyer."
C. Grubbs
Examining the Impact of Unreliable Witness Statements
In some CDL DUI cases, witness statements are used as evidence against the driver. Witnesses may claim they saw the driver swerving or driving erratically. However, witness statements are not always reliable and can sometimes be biased or inaccurate. Weather conditions, the time of day, or even the witness’s state of mind can affect their ability to accurately describe what they saw. An attorney can review witness statements to identify any inconsistencies or biases that may weaken the prosecution’s case. By showing that witness statements are unreliable, an attorney may be able to create doubt about the driver’s guilt and strengthen the defense. Understanding the Chain of Custody for Evidence In DUI cases, the evidence must be carefully handled from the time it is collected until it is presented in court. This process is known as the chain of custody. If there is any break in the chain of custody, the evidence might be considered unreliable. For example, if a blood sample was not properly stored or if there were gaps in documenting who handled the sample, the evidence could be questioned. CDL drivers charged with DUI can benefit from having an attorney review the chain of custody for any mishandling of evidence. A weak chain of custody can lead to the dismissal of the charges if the evidence is deemed unreliable.Defending Against DUI Charges Based on Rising BAC Levels
Rising BAC is a unique defense in CDL DUI cases. This defense is based on the fact that alcohol takes time to absorb into the bloodstream, meaning that a driver’s BAC can rise even after they have stopped drinking. If a driver consumed alcohol shortly before being pulled over, their BAC level could continue to rise while they are being tested, resulting in a higher reading than they had while actually driving. A CDL driver can argue that their BAC was below the legal limit while they were driving and only rose afterward. This defense can be used to cast doubt on the BAC results and may lead to reduced charges or a dismissal.Related Videos
Refusing Field Sobriety Tests
Choosing a DUI Attorney