Getting charged with a DUI can be extremely stressful and annoying. DUIs usually affect one’s reputation, records, and even job status. Myths on beating a DUI charge with sucking on a copper penny or chewing meant to fool the breathalyzer have long been debunked. In reality, DUI charges can only be avoided or smoothly handled with the right legal assistance at your side. A knowledgeable DUI attorney will practice a solid defense strategy and decrease the DUI effects to a great extent. Here are common DUI defenses that may be helpful in avoiding or reducing severe DUI charges and even jail time.
No Probable Cause for Stopping
The police are required to have a reasonable suspicion of proof that a criminal activity is taking place to pull over a driver. This means that the police must not stop your car and conduct investigation if you obey traffic laws properly, follow the speed limit or do not have an automotive malfunction. If there is no probable cause for stopping your car, all future evidence of the case may be dismissed.
Faulty Breath Tests
Under California Vehicle Code it is illegal to drive with an amount of 0.08 percent of alcohol in his or her blood. Breath testing is the most common way of measuring one’s BAC. The fact is that DUI breath tests are not quite accurate as the tests do not directly measure the amount of alcohol in your blood. Instead, it measures the amount of alcohol in your breath and then converts the amount to decide the amount of alcohol in the blood. In this way, the DUI breath testing is susceptible to different outside influences and can vary erroneously.
Having a medical condition can easily be confused with being drunk. Moreover, medical conditions like Gastroesophageal Reflux Disease, acid re-flux, or heartburn can skew the results of a roadside breathalyzer test. Additionally, neurological problems may cause unclear speech and allergies may be the reason of watery eyes. Diabetes or An Atkins-style diet that is low-carbohydrate, high-protein, or hypoglycemia can also trick a DUI breath test and result in a falsely high BAC. On condition that you were charged with DUI because of the mentioned illness-related symptoms, your medical history may serve as solid defense and have the case dismissed.
Police Officer Misconduct
Police officers are to communicate in a respectful and calm manner. Even if you drove under the influence, police misconduct can knock out your DUI charges. Thus, in case of police misconduct, defense strategies will best work for you. If your skillful DUI attorney successfully makes a case for police misconduct, there is a high possibility that your DUI case can get dropped.
The US Law requires police to immediately inform you of being taken under arrest and keep you updated on your Miranda rights. The Miranda rights include the right to remain silent, the right to have an attorney the right to court-appointed counsel, as well as the fact that any statement made by you can hereafter be used against you in a court. If a suspect is not properly notified of his/her Miranda rights, any evidence gathered thereafter can be excluded.
Violations of the Rules of Evidence and Procedure
There are some DUI defenses, such as violation of rules of evidence and procedures, that will not arise until the day of the trial. In court, any violation of evidence or procedure can serve grounds for a mistrial. The violations may include the introduction of improper evidence and use of inaccurate documentation.
Knowing these common defenses is a big plus when trying to fight a DUI charge or sentence. However, the stakes of a DUI case are high at the same time. The saying about taking a risk and drinking champagne, in the end, is not for this case. Only with the help of an experienced DUI attorney you can effectively imply DUI defenses to reduce or dismiss the DUI charges or jail time. The knowledgeable DUI attorneys at the Margarian Law firm have the necessary background and successful experience to properly handle DUI cases and fight to dismiss DUI charges and penalties in accordance with law.