Driving under the influence (DUI) is a serious offense that can lead to heavy fines and legal consequences and affect one's personal and professional life. If you have been charged with a DUI, you may feel hopeless and unsure what to do next. However, it is important to remember that you have rights and legal defenses available to you.
1. Invalid Stop or Arrest
If the police officer did not have probable cause to stop or arrest you, this can be used as a defense. For example, suppose an officer pulled you over simply because they suspected you had been drinking without any other traffic violation or suspicious activity. In that case, this may not be a valid stop.
2. Inaccurate Field Sobriety Tests
Field sobriety tests are often used to determine if someone is under the influence. However, these tests can be inaccurate, and many factors, such as medical conditions, environmental factors, and other variables, can influence the results.
3. Breathalyzer Inaccuracy
Breathalyzer tests are commonly used to determine the blood alcohol concentration (BAC) level of an individual. However, these tests can often produce inaccurate results due to improper use or calibration.
4. Blood Test Errors
If your BAC level was determined through a blood test, it is essential to ensure proper procedures were followed and the test was conducted correctly. Blood test errors can lead to false results and be challenged in court.
5. Rising BAC Levels
It is possible for your BAC level to still be rising after you were pulled over. If you had just consumed alcohol before being stopped, this can affect the accuracy of any tests conducted.
6. Improper Miranda Warning
If you were not properly informed of your rights when arrested, this may be used as a defense. Police officers must read you your Miranda rights before questioning or even after arrest.
7. Inadequate Evidence
The prosecution must be able to present adequate evidence to prove their case beyond a reasonable doubt. If there is insufficient evidence, this can be used as a defense.
8. Emergency Circumstances
Sometimes, individuals may need to drive under the influence in emergency situations, such as rushing a sick family member to the hospital. In these cases, emergency circumstances can be used as a defense.
9. Faulty Administration of Chemical Tests
Chemical tests to determine BAC levels require proper administration, and results can be thrown out if the administration is faulty.
10. Evidentiary Issues
Sometimes, the evidence in the case becomes difficult to admit due to limitations on hearsay evidence, lack of personal knowledge, or relevance.
Manassas DUI Lawyer
If you are facing a DUI charge, working with an experienced criminal defense attorney who can help you build a strong defense is important. At Dischley Law, PLLC, we understand the complexities of DUI cases and can help you explore all possible defenses, including challenging the validity of field sobriety tests. Contact us today at (703) 215-9337 to schedule a consultation and learn more about how we can help you defend your rights and future.