How To Defend Yourself From A DUI Charge

Posted on: 15 December 2021

Are you being accused of driving under the influence and feel that the charge is unfair? If so, it will help to know some common defenses used for DUI charges.

Your Blood Alcohol Concentration Levels Were Inaccurate

One way to determine if you are driving under the influence is by measuring your blood alcohol concentration level. However, it takes some time for alcohol to actually absorb into your system after you ingest it since it sits in your stomach before it gets into your bloodstream. This can cause some problems based on when you are given a breathalyzer test. Your blood alcohol content level at the time that you were driving will be different than the time that you were tested.

If you were in a situation where you did not have your blood alcohol concentration level tested until quite some time after you were arrested, it's possible that the results of that test will not accurately reflect what it was at the time you were driving. This can be a valid defense that you were not over the legal limits while driving due to how your blood alcohol concentration levels can rise over time. 

Your Mouth Alcohol Caused An Inaccurate Reading

When you give a breathalyzer test, it is supposed to test for the air that comes from your deep lung tissue. However, it's possible that this test gives an inaccurate reading. You could have alcohol trapped in your mouth, or a belch causes alcohol to essentially regurgitate from your stomach and go into your mouth. This can cause the breathalyzer test to be inaccurate because it is getting a higher reading due to factors that it is not intended to test for. 

You Were Not Driving Poorly

A police officer needs a valid reason to pull you over and give you a sobriety test, which is typically due to bad driving behaviors. If you were not speeding, driving recklessly, or exhibiting some other odd behavior, then the police officer should not pull you over. This prevents police officers from watching people that leave bars and then pulling them over immediately to find a reason to give a DUI. 

If you have evidence of how you were driving, such as a dashcam that can record your motion and your speed, then you have some valid evidence that can help defend you from being pulled over without probable cause. 

Reach out to a DUI lawyer if you need help with your defense when you go to court.

For more information, contact a DUI defense lawyer near you.