Legal Services are considered Essential Businesses and are allowed to remain open to serve clients pursuant to the Governor’s Executive Orders.
We are working remotely and are currently conducting conferences via telephone and Zoom for the health and safety of our clients and staff.
Please feel free to contact us to discuss your situation.

What are the most effective defenses to drunk driving?

| Mar 26, 2020 | Firm News

Most people have experienced being pulled over by law enforcement officials and being asked to perform a Breathalyzer test. In the majority of cases, the person being tested will be able to prove that they are driving legally by having their blood alcohol concentration (BAC) measured in this way.

However, some people’s BAC will be determined to be over the legal limit. This will happen if the Breathalyzer test displays BAC figures at 0.08% or higher. However, this evidence alone does not automatically prove that you were driving over the limit. This is because the Breathalyzer test may have been faulty, or other factors could have affected the result, for example, a health condition.

This is why it is important to fight your case and adequately defend yourself if you believe that you are innocent. The following are some of the most effective defenses to drunk driving that you may be able to use.

The Breathalyzer test was faulty

Field Breathalyzer tests are notoriously inaccurate. While they are deemed accurate enough to be used, it is acknowledged that they can frequently give false positives. You may experience a false positive result if there was alcohol in your breath that was due to reasons other than intoxication. You may alternatively have recently visited the dentist or suffer from gastric reflux. It may have also been due to the Breathalyzer test not being calibrated.

There was no reason to make a DUI stop

The police can only make a DUI stop if there was a probable cause to do so. If you can prove that there was no valid reason for the police to make a stop, you could have all charges dropped.

The alleged signs of impairment had an explanation

If the evidence made against you includes allegations that you were acting in an intoxicated manner, you may be able to dispute this by providing evidence. For example, you may have a health condition or have allergies that caused you to behave in such a way.

By taking early action to build your DUI defense, you will have a greater chance of having charges dropped. This could prevent you from experiencing the many negative ways that a DUI could impact your life.