Common Defenses in DUI/DWI Cases – Criminal & Personal Injury Law

Driving under the influence (DUI) or driving while intoxicated (DWI) are serious crimes. They can lead to big fines, losing your license, and even jail time¹. But, these charges can often be defended. A skilled DUI lawyer can spot special issues in your case and create a strong defense.

Common defenses include challenging the stop’s legality, doubting the field sobriety tests, and questioning breath or blood test results¹. You can also claim your right to legal help. Knowing your rights and working with a good lawyer might help you avoid a conviction or lessen the impact.

Key Takeaways

DUI/DWI charges can often be defended with the help of an experienced lawyer.
Common defenses include challenging the legality of the traffic stop, questioning field sobriety tests, and contesting breathalyzer or blood test results.
Asserting your right to legal counsel is also an important defense strategy.
Understanding your rights and working with a skilled attorney can help you avoid conviction or mitigate the consequences.
Factors like medical conditions, improper test administration, and lack of probable cause can all be used to challenge DUI/DWI charges.

Challenging the Legality of the Traffic Stop

When facing a DUI/DWI charge, a key legal move is to question the traffic stop’s legality. The Fourth Amendment protects us from unreasonable searches and seizures. For a DUI/DWI stop to be legal, the officer must have a good reason to believe a law was broken².

Lack of Reasonable Suspicion or Probable Cause

If the officer didn’t have a good reason for the stop, like no reasonable suspicion or probable cause, the defense might argue the stop was illegal. This is a common defense, especially for underage drivers facing their first DUI charge².

Violation of Constitutional Rights

Also, if the officer broke the driver’s constitutional rights during the stop or arrest, this could help the defense. Questioning the legality of the traffic stop is key in fighting a DUI/DWI charge. DUI charges vary in severity².

Metric	Percentage
Traffic Stop Legality	A big part of DUI cases involve questioning the stop’s legality, which can lead to a weak case or dismissal³.
Accuracy of Field Sobriety Tests	Field sobriety tests are often wrong because of biases and mistakes. Officer mistakes are the top reason to doubt these tests². Many times, these tests are questioned, making the claim of intoxication less strong³.
Accuracy of Chemical Tests	Breathalyzer results can be wrong due to mouthwash, meds, or other issues. Challenges to these tests have weakened the prosecution’s case².
Medical or Physical Conditions	Showing medical reasons for acting differently can weaken the prosecution’s DUI case². Medical or physical issues have been used as reasons for signs of being impaired³.
Arresting Officer’s Observations	Questions about the arresting officer’s trustworthiness and their story have weakened the prosecution’s case³.

By questioning the traffic stop and the officers’ actions, defense lawyers can often weaken the prosecution’s case. This can lead to a better outcome for their clients⁴.

“The Fourth Amendment is the constitutional cornerstone that protects individuals from unreasonable searches and seizures. Challenging the legality of the traffic stop is a critical first step in defending against a DUI/DWI charge.”

Statistics show that questioning the traffic stop, field sobriety tests, and chemical tests can help in DUI/DWI defense. By offering other explanations and pointing out mistakes, defense lawyers can doubt the prosecution’s case. This can lead to a better outcome for their clients²³⁴.

Questioning the Accuracy of Field Sobriety Tests

If you’re facing a DUI/DWI charge, you might want to question the accuracy of field sobriety tests. These tests, like the walk-and-turn and one-leg stand, are used to see if a driver is impaired⁵. But, they’re not always right, with studies showing they’re only 60-70% reliable⁶.

Improper Administration of the Tests

Showing that the officer didn’t do the tests right is a strong defense. Things like uneven ground, bad lighting, and not following the rules can mess up the results⁶. Plus, how the officer sees the results can vary, which might lead to different outcomes⁶.

Medical Conditions or Disabilities Affecting Performance

Medical issues or disabilities can also affect how well someone does on these tests. Things like age, fitness level, and even some medicines can change how someone performs⁶. Conditions like low blood sugar or multiple sclerosis can make it seem like someone is drunk when they’re not³.

In these cases, the defense can say the driver wasn’t impaired. They might argue that their medical issue or disability caused their poor test results³. This can be key in questioning the field sobriety tests and the DUI/DWI charges.

Having a good lawyer is crucial in a DUI/DWI case. They should look into how the tests were given and any health issues that might have affected the driver⁶. By questioning the tests, the defense can weaken the prosecution’s case and help the accused⁶.

“Challenging the validity of field sobriety test results can involve focusing on officer adherence to procedures, individual medical conditions, and the legality of the traffic stop.”⁶

DUI defenses, DWI defenses, impaired driving, legal defense

Getting charged with a DUI or DWI can feel overwhelming. But, with the right legal help, you might avoid a conviction or lessen the impact. An experienced⁷ DUI/DWI lawyer can look at your case and find defenses that fit your situation.

One key defense is to question the traffic stop. The police need a good reason to pull you over. If they didn’t have enough cause, your case could be thrown out⁸. It’s also important that your rights are respected during the process. If they’re not, you might get your evidence thrown out.

Another defense is to doubt the results of field sobriety tests. These tests can be affected by many things, like your health, what you’re wearing, and being nervous⁸. The National Highway Traffic Safety Administration (NHTSA) says these tests are right only 91% of the time, under perfect conditions⁸.

You can also question the results of breathalyzer and blood tests. Things like mouth alcohol, some medicines, and diabetes can mess with these tests⁷. Breathalyzer machines must be checked carefully to give accurate readings⁷.

Lawyers who are part of the National College for DUI Defense (NCDD) know a lot about these defenses⁹. The NCDD teaches lawyers about the newest ways to defend against impaired driving. This helps them protect your rights⁹.

Working with a skilled DUI/DWI lawyer is crucial for a good defense⁷⁸⁹. They’ll look at your case closely and come up with a plan just for you. This way, you have a better shot at avoiding a conviction or reducing the effects of a DUI or DWI charge.

Contesting Breathalyzer or Blood Test Results

When you face a DUI/DWI charge, the results of breathalyzer or blood tests are crucial. But, these tests aren’t perfect, and you can challenge their accuracy. A strong defense is showing that your blood alcohol level was rising at the time of the test because of your body’s natural alcohol absorption¹⁰. This means your blood alcohol might have been lower when you drove.

Another way to fight your charges is to question the breathalyzer’s calibration and maintenance¹⁰. Breathalyzers need to be set up and kept in good condition to give accurate readings. If there were problems with the equipment, the results could be wrong. With help from a forensic toxicology expert, you can find these issues and build a strong case¹¹.

Different states have their own rules for DUI/DWI charges and what counts as evidence¹⁰. In places like Maryland, there are different levels for DWI and DUI based on your blood alcohol level¹⁰. Knowing your state’s laws is key to a good defense.

With blood tests, there are also things you can look into. Maybe the blood sample was handled wrong or the testing was flawed, giving you a bad result¹¹. Or, the way the blood was taken might not have been legal, needing a warrant or certain conditions¹¹.

Looking into these areas can help you question the test results and improve your chances of a good outcome. Remember, the prosecution must prove you were impaired beyond a reasonable doubt. A skilled DUI/DWI lawyer can help cast doubt on the evidence against you¹¹.

Rising Blood Alcohol Level

A key defense in DUI/DWI cases is the rising blood alcohol level idea. This means your body absorbs alcohol over time, so your BAC might have been lower when driving than when tested¹⁰. This is especially useful if there was a big delay between the stop and the test.

Faulty Breathalyzer Calibration or Maintenance

Breathalyzers need to be set up and kept in good shape for accurate results¹⁰. If the one used on you wasn’t right, you could have gotten a wrong reading. With a forensic expert’s help, you can check the testing and find any equipment problems. This can help question the test’s reliability¹¹¹⁰¹².

Asserting Your Right to Legal Counsel

When you’re facing a DUI/DWI charge, it’s key to stand up for your right to legal help. The U.S. Constitution says you have the right to an attorney during a criminal investigation, including DUI/DWI cases¹³. If the police didn’t let you call a lawyer during the investigation, you might get your charges dropped or have evidence against you thrown out¹⁴.

An expert DUI/DWI lawyer can protect your right to legal counsel and make sure your rights are respected. They know the laws and procedures for DUI/DWI cases well. They can strongly defend your rights¹⁴.

Challenging the legality of the traffic stop or arrest if your right to counsel was denied
Seeking to exclude any evidence obtained in violation of your constitutional rights
Exploring all available defenses to the DUI/DWI charges, including challenging the accuracy of field sobriety tests or breathalyzer results

With a skilled DUI/DWI lawyer, you have a better chance of a good outcome and less severe consequences¹³¹⁴¹⁵.

Don’t wait to use your right to legal counsel when you’re facing a DUI/DWI charge. Getting help from an experienced lawyer can greatly help protect your rights and get the best outcome for your case¹³¹⁴.

“Asserting your right to legal counsel is crucial when facing a DUI/DWI charge. A skilled attorney can ensure your constitutional rights are protected and explore all available defenses to minimize the potential consequences.”

Conclusion

Facing a DUI/DWI charge is tough, but you have legal rights and ways to defend yourself¹⁶. An experienced DUI/DWI attorney can help you find defenses that fit your case. These might include questioning the stop’s legality¹⁷, doubting the tests’ accuracy¹⁸, and standing up for your rights.

With the right legal plan, you could avoid a conviction or lessen the charge’s impact¹⁶. The outcomes can include fines, losing your license, jail, probation, and alcohol or drug programs¹⁶. In some places, you might also need an ignition interlock device in your car¹⁶.

The DUI/DWI court process is complex, with steps like arrest, arraignment, and trial¹⁶. Having a skilled DUI/DWI lawyer is key. They can look at the case, challenge evidence, negotiate deals, and defend you in court¹⁶. With the right plan and effort, you can face a DUI/DWI charge and protect your rights.

FAQ

What are some common defenses in DUI/DWI cases?

Common defenses include questioning the stop’s legality, doubting the field sobriety tests, and challenging breath or blood test results. You also have the right to legal counsel.

How can you challenge the legality of the traffic stop?

You can argue the stop was illegal if the officer didn’t have a good reason to pull you over. Or, if your rights were broken during the stop or arrest.

What issues can arise with field sobriety tests?

You can question the tests by showing they were given wrong or your results were affected by health issues or other factors, not drunk driving.

How can you contest breathalyzer or blood test results?

You can argue the tests are wrong if your alcohol level was rising because your body was absorbing alcohol. Or, if the testing tools weren’t checked right.

What rights do you have when it comes to legal counsel?

You have the right to a lawyer during a criminal investigation, including DUI/DWI cases. If police wouldn’t let you call a lawyer, it could lead to your charges being dropped or evidence thrown out.