Common Defenses Used by DUI Lawyers to Fight Your Case

Charges of driving while intoxicated can result in harsh penalties such as fines, license suspension for an extended period, or sometimes jail time. If you’ve been charged with a DUI, it’s essential to consult a skilled DUI defense lawyer who can help you navigate the legal system and protect your rights. DUI lawyers have extensive experience in challenging the evidence presented by the prosecution, and they employ various legal defenses to weaken or dismiss the charges against you. We will explore some of the most common strategies and defenses used by DUI lawyers to fight DUI charges, helping you understand how they can work in your favor.

1. Challenging the Traffic Stop

One of the most common defenses a DUI lawyer may use is questioning the legality of the initial traffic stop. According to the Fourth Amendment, law enforcement officers must have reasonable suspicion or probable cause to pull you over. This means that the officer must observe a traffic violation, erratic driving, or another behavior that justifies the stop.

If your attorney can demonstrate that the officer did not have sufficient reason to pull you over, the stop may be considered unlawful. In such cases, any evidence obtained during the stop, such as the results of a breathalyzer or field sobriety tests, could be suppressed, leading to a dismissal of the DUI charges.

2. Challenging Field Sobriety Tests

Field sobriety tests are commonly used by police officers to determine if a driver is under the influence of alcohol or drugs. However, these tests are highly subjective, and various factors can affect the accuracy of the results, such as medical conditions, weather conditions, or even the officer's interpretation of your performance.

A skilled Fort Lauderdale DUI defense lawyer may challenge the reliability of field sobriety tests by arguing that the tests were administered improperly or that the officer's assessment was flawed. They may also present evidence showing that your poor performance was due to fatigue, nervousness, or physical limitations unrelated to intoxication.

3. Questioning the Accuracy of Breathalyzer Results

Breathalyzer devices are often used to measure a driver’s blood alcohol concentration (BAC) level. However, these machines are not faultless, and DUI lawyers can challenge their accuracy by pointing out several factors that may have affected the results:

Improper calibration: Breathalyzers must be regularly calibrated and maintained to ensure accurate readings. If your lawyer can show that the device was not properly calibrated at the time of your test, the results may be deemed unreliable.

Operator error: The officer administering the breath test must follow strict procedures to ensure accuracy. If the officer did not administer the test correctly, the results may be invalid.

Medical conditions: Certain medical conditions, such as acid reflux or diabetes, can cause false-positive results on a breathalyzer test. Your DUI lawyer South Florida may present evidence of your medical condition to challenge the validity of the test results.

4. Rising Blood Alcohol Defense

One of the lesser-known defenses is the "rising blood alcohol" argument. This defense is based on the fact that alcohol takes time to absorb into the bloodstream after consumption. Therefore, your BAC may have been below the legal limit at the time you were driving but increased to an illegal level by the time you were tested.

For example, if you were stopped and tested 30 minutes or an hour after your last drink, your BAC might have risen during that period, leading to inaccurate test results. A DUI lawyer may present expert testimony to explain how the timing of your breath or blood test could have led to an unfairly high BAC reading.

5. Arguing Lack of Impairment

Not all DUI charges are based on a driver’s BAC. In some cases, a driver may be charged with DUI based on alleged impairment from drugs or alcohol, even if their BAC is below the legal limit. In these cases, a Fort Lauderdale DUI defense lawyer may argue that there is no evidence to prove that you were impaired while driving.

For instance, if you passed the field sobriety tests and were not driving erratically, your lawyer may argue that the arresting officer misinterpreted the situation and that you were not impaired. This defense is particularly relevant in cases involving prescription medications or small amounts of alcohol.

6. Medical and Health Defenses

Certain medical conditions and medications can mimic the signs of intoxication, such as slurred speech, unsteady movements, or bloodshot eyes. For example, diabetes, neurological disorders, or even certain diets (such as the keto diet) can affect breathalyzer results and lead to a wrongful DUI charge.

A DUI lawyer may consult with medical experts to present evidence that your symptoms or behavior were caused by a medical condition rather than alcohol or drug use, helping to cast doubt on the prosecution’s case.

With the help of an experienced DUI lawyer Fort Lauderdale, you can challenge the evidence against you and build a strong defense.