WORLD EXECUTIVES DIGEST | Driving under the influence indicates that the driver was intoxicated due to the consumption of alcohol or by ingesting controlled substances. Prosecutors substantiate the allegations through the results from chemical blood testing and the blood-alcohol content reading on a breathalyzer test. However, certain conditions prevent a conviction and get the cases thrown out. Defendants who are facing the offenses learn more about the eight ways to fight a DUI.
- The Driver Wasn’t Driving the Vehicle
To charge a driver with a DUI, the vehicle must be operational. Too often law enforcement officers see a driver parked outside of a nightclub with their vehicle running and assume that they can charge the driver with the offense. Even if the driver is behind the wheel, the driver isn’t guilty unless the car is mobile. Defendants who need more information about false DUI allegations Visit MeldonLaw.com for further details.
- Inaccurate Testing and Faulty Equipment
Faulty blood-alcohol content testing equipment gets a lot of DUI cases thrown out of court. According to the law, all law enforcement agencies are required to test their breathalyzers each year and maintain a log of tests, repairs, and replacements. The agencies must use proper breathalyzer devices that meet federal regulations. If the BAC results are inaccurate, the defendant won’t face the penalties of a DUI conviction.
- Evading an Assailant or Sexual Predator
A driver who claims they are evading an assailant or sexual predator can fight a DUI charge due to their circumstances. The date rape drug Rohypnol causes the same physical signs and effects as being intoxication. The drug intensifies the effects of alcohol, and individuals who have drunk just one drink could fail a breathalyzer test. If the defendant is tested, and the drug is found in their bloodstream, they aren’t guilty of a DUI.
- No Probable Cause to Stop the Drive
Law enforcement officers must have a probable cause to stop the driver. The driver must break a law before the officer stops them. For example, a moving violation, including speeding or reckless driving constitutes probable cause for a DUI. If the driver is weaving inside the lanes but hasn’t crossed the line into the opposite lane, the officers don’t have probable cause.
- Medical Conditions that Mimic Intoxication
Diabetics have ketones in their system that lead to a high BAC reading. If their blood-glucose levels are high, they exhibit signs of intoxication. The same is possible with patients who have gastrointestinal conditions, such as acid reflux. The condition forces alcohol back toward the mouth and causes a higher reading.
- Mouth Alcohol that Affects BAC Tests
Mouth alcohol affects a breathalyzer test. Alcohol becomes trapped in dental work and presents a high blood-alcohol reading. Mouthwash and breath mints contain traces of ethanol alcohol. If the driver uses mouthwash, they could fail the breathalyzer test. A defendant that proves they used mouthwash could avoid a conviction.
- Conditions that Prevent You from Passing Field Sobriety Tests
Field sobriety tests evaluate the physical signs of intoxication. Medical conditions that prevent the defendant from performing physical acts, such as standing on one foot or jumping in place are a defense against a failed field sobriety test. Gout, degenerative joint disease, inflammation of the knees or hips, and rheumatoid arthritis affect the results of the tests.
- Failing to Read the Defendant Their Miranda Rights
The most basic defense against a DUI and any criminal charges is a failure to Mirandize the defendant. Any information collected from the defendant prior to reading their Miranda rights and explaining their right to remain silent is inadmissible.
Criminal defendants facing a DUI charge have a chance to avoid a conviction depending on the circumstances of their arrest. The cases are dismissed if the officers didn’t have probable cause to stop the driver or arrest them. Faulty testing equipment presents inaccurate results that won’t stick. Residual alcohol in the mouth due to using mouthwash or other substances like ketones due to medical conditions create a false reading and help defendants fight their DUI charges and win their case.