Driving under the influence (DUI) charges are among the most common criminal offenses. Drivers get arrested because they swerve all over the road or cause crashes. Police officers may arrest those who display clear signs of intoxication. Failing a chemical test could lead to an arrest based on an elevated blood alcohol concentration (BAC).
It is somewhat common for those accused of DUI offenses to plead guilty. Defendants don’t want the embarrassment of a trial and may hope to receive lenient sentencing because they cooperate with the courts. Others may assume that a guilty plea is their best option, as fighting a DUI charge may seem all but impossible. After all, the state may have forensic evidence supporting the allegations of intoxicated driving. Despite what many people presume, it is actually possible to successfully fight DUI charges.
What are some of the ways that drivers avoid impaired driving convictions?
Suppressing certain evidence
Many DUI defense strategies focus on legal technicalities. Police officers may not have had the necessary legal justification to initiate a traffic stop. If the initial traffic stop was illegal, then the prosecutor may not be able to use any evidence of pain during that traffic stop. The exclusionary rule allows an attorney to eliminate confessions and even chemical evidence obtained through illegal activity or the violation of an individual’s rights.
Presenting an alternate explanation
Despite the trust that people place in forensic testing, false positives are somewhat common. A variety of different personal choices could lead to inaccurate BAC test results. Specialized diets, certain types of mouthwash and even medications could compromise the accuracy of chemical breath testing. There are also a variety of different medical conditions that could affect an individual’s performance on field sobriety tests. Medical records and other documentation affirming unusual circumstances can raise questions about the accuracy of test results.
Questioning scientific procedures
Even when there isn’t a clear explanation for a failed chemical test, there may be reason to question the accuracy of testing. False positives are common occurrences, and a variety of issues ranging from delays and software updates to calibration issues can affect the reliability of testing.
Different scenarios require different approaches. Reviewing what happened before an arrest with a skilled legal team can help a defendant start working on a DUI defense strategy with someone who understands the law and court procedures.