Driving under the influence (DUI) is not as direct and simple as it may seem. Even if you take and fail a DUI sobriety test, there are situations where you may be able to prove you were not intoxicated or otherwise at fault. Because of the complexities of these cases, it is often beneficial to work closely with a defense attorney from Troxell Law who is willing to help you analyze all available defense strategies.
Potential DUI Defense Strategies
There is no simple and straightforward way to defend against DUI rather than to pass a sobriety test. To determine which defense is best in your situation, your attorney will work with you to consider all evidence and then look for opportunities that could help to reduce some of your risk. Here are some examples.
A Lack of Reasonable Suspicion
One of the options may be to show that law enforcement did not have any reason to suspect you were driving under the influence. As a result, they should not have pulled you over, and therefore, you should not have been given the test.
Also important, they must have probable cause to arrest you – or to require you to take a DUI chemical test. If the officer did not have any reason to suspect that you were intoxicated, they had no right to require you to take the test.
Improper DUI Testing
In some situations, you may be able to prove the DUI chemical test used was faulty. Tests like this can be inaccurate, especially if the test is not administered in the right manner. Small mistakes in the process can lead to a false positive. For example, if you just had a drink, there could be a higher level of alcohol in your mouth at the time, and that could have created a false positive.
No Driving Defense
Another potential option is to use the state’s no-driving defense. This is applicable only if you were not driving at the time of the stop. For example, if you were standing outside of a car accident, but you were not behind the wheel, they may not be able to charge you with DUI. If you were sitting in your car and the car was on, but it was not moving, you may also be able to use the no-driving defense.
The police also cannot arrest and charge you with DUI if there are multiple people sitting in a parked car, but no one is driving – and there is no way to know who the driver was.
If you did not fail a chemical DUI test but had other symptoms, such as swerving, this could indicate that you have other defense options. You may have been nervous, ill, or fatigued.
There is no doubt proving you were not intoxicated with a failed DUI test is difficult to do. However, by breaking down the details of what occurred and finding gaps in the legal viability, it may be possible for your DUI attorney to help you defend against this charge.