Many people believe that a failed blood alcohol test automatically means that they have no defense against a DUI charge. The truth is that there are some situations where you can still present a legitimate and sound defense. Instead of resigning yourself to the charges and not fighting, talk with a DUI defense attorney about these questions.
Did The Officer Have Reasonable Probable Cause?
In most cases, there must be probable cause before a police officer can actually pull you over. Probable cause means having a justifiable reason for believing that you're impaired, such as difficulty maintaining your lane, failure to yield to traffic signs, or other similar indications. If your attorney can subpoena surveillance video from the area where you were pulled over that shows you driving responsibly, you may be able to refute the officer's claim of the base reason for the stop.
Was The Blood Alcohol Test Inaccurate?
If the officer administers a blood alcohol test as part of your traffic stop, you might be able to contest the accuracy of the results. There are many things that can lead to faulty results from these tests. For example, an improperly administered test will be inaccurate. A testing kit that isn't maintained correctly will be unreliable.
In addition, one lesser-used defense against these charges involves the time between your traffic stop and the actual test. If you spend a lot of time on the side of the road doing a field test and your blood alcohol test shows you barely over the legal limit, your attorney might be able to argue that you were not over the limit until your body had more time to continue absorbing alcohol during the field test. This is a particularly persuasive argument if you're pulled over very close to your home.
Do You Have A Medical Condition That Mimics Drunkenness?
Medical conditions such as diabetes can lead to symptoms that resemble drunken behavior. For example, severely low blood sugar can cause you to struggle with focus, speech, and motor skills. If the police officer arrests you for DUI due to a failed field test despite the fact that your blood alcohol test doesn't show you as over the legal limit, your attorney could use your medical records as the basis for your defense. After all, if you were having an insulin reaction, you have a reasonable explanation for the behavior. Let your attorney know if something like this occurred so that he or she can get medical documentation of it.
As you can see, driving under the influence isn't always a cut-and-dry case. If you've been charged, don't wait to talk with an attorney, such as those at The Law Offices of Nathan A. Steimel, about the case. Call someone right away to help you evaluate your situation and determine if you have a viable option for defending yourself against the charges.