Navigating DUI Charges: Possible Defenses And Legal Options

Facing a DUI (Driving Under the Influence) charge can be a daunting experience with potentially severe consequences. However, it’s essential to understand that being charged with a DUI does not automatically mean a conviction. There are various possible defenses that skilled attorneys can employ to challenge DUI charges.

Lack of Probable Cause: Challenging The Traffic Stop

In DUI cases, law enforcement officers must have a valid reason, known as probable cause, to initiate a traffic stop. If it can be demonstrated that there was no legitimate reason for the stop, it may be possible to challenge the legality of the DUI arrest.

Possible Defense: If the officer lacked reasonable suspicion or probable cause to pull you over, your attorney may argue that the entire arrest was unlawful, potentially leading to a dismissal of the charges.

Inaccurate Field Sobriety Tests: FST Reliability

Field sobriety tests (FSTs) are often used by officers to assess a driver’s level of impairment. However, these tests are not always accurate and can be influenced by various factors, including weather conditions, medical conditions, or nervousness.

Possible Defense: Your attorney may challenge the reliability of FST results by presenting evidence that shows the tests were administered improperly or that other factors, unrelated to alcohol impairment, affected your performance.

Breathalyzer Inaccuracy: Challenging BAC Readings

Breathalyzer tests are commonly used to measure blood alcohol concentration (BAC). However, these devices can produce inaccurate results due to calibration issues, operator errors, or medical conditions that affect breath samples.

Possible Defense: Your attorney may question the accuracy of the breathalyzer test by examining the maintenance records, calibration logs, and the qualifications of the operator. If any irregularities are found, the BAC reading could be challenged in court.

Rising BAC Defense: Post-Driving Consumption

The “rising BAC” defense asserts that your BAC was below the legal limit at the time of driving, but it increased afterward due to the continued absorption of alcohol. This can be relevant if you consumed alcohol just before or during your drive.

Possible Defense: Your attorney may present evidence, such as witness testimony or receipts, to demonstrate that you consumed alcohol shortly before or after driving and that your BAC was below the legal limit while operating the vehicle.

Illegal Search And Seizure: Fourth Amendment Violations

The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures. If evidence, such as alcohol containers or drug paraphernalia, was obtained through an illegal search and seizure, it may be inadmissible in court.

Possible Defense: Your attorney may challenge the legality of the search that led to the discovery of incriminating evidence. If the search violated your Fourth Amendment rights, the evidence may be excluded, weakening the prosecution’s case.

Call Our Office For Legal Assistance

If you’re facing DUI charges, it’s crucial to consult with a knowledgeable drunk driving lawyer in Charleston, SC to explore your legal options and potential defenses. Your future and driving privileges are at stake, so take action today to protect your rights and secure the best possible outcome in your case. Call Joe Good, Attorney at Law today.