Do you know that about 37 people die every day in U.S. car accidents caused by drunk drivers? That’s one person every 39 minutes.
According to https://www.realaccidentlawyer.com/lakeland-dui-car-accident-lawyer/, any DUI accident that injures someone automatically leads to harsher punishments, such as losing your license for a longer time, paying bigger fines, and going to jail for a longer time. A DUI lawyer may discuss how the driver’s prosecution might affect your recovery.
Keep in mind that a charge does not always mean a conviction. Various legal defences can challenge the evidence, highlight procedural errors, and potentially result in reduced sentences or the dismissal of the charges entirely.
In this article, you will learn the top DUI defences, including field sobriety tests, breathalyzer results, and law enforcement procedures. This knowledge will help you better handle the legal process and achieve the best-case outcome.
Challenging the Traffic Stop
Contesting the stop may be the best DUI defence. An Ontario DUI lawyer says you can drop the charges against you if you can prove the officer didn’t have reasonable suspicion or probable cause to pull over your vehicle. An officer should have specific facts to prove you broke the law. You may gather evidence from a dashcam or eyewitness to verify your claim.
The officer’s testimony may reveal bias or inconsistency. Highlighting these contradictions will strengthen your defence.
Questioning Breathalyzer Accuracy
You can contest breathalyzer test results since they are not 100% accurate. Calibration, equipment, or user error may cause inaccuracy. This can demonstrate that the Breathalyzer was flawed at the time of the reading, undermining the prosecution’s case.
You can even question the mode of administration. If the officer doesn’t wait 15 minutes before administering the test, it could compromise the test results.
You can also dispute the instrument’s maintenance. Failure to adhere to the instrument’s maintenance and calibration schedules could lead to unreliable results.
Diabetes and acid reflux can cause false positives. Having these medical conditions could lower test validity.
Examining Field Sobriety Tests
Another tool police use to assess DUI impairment is Field Sobriety Tests (FSTs). These tests usually require subjects to walk straight, stand on one leg, and follow a moving object with their eyes.
Being nervous or confused can affect your test performance. Age, fatigue, and weather can impair these tasks, leading to inaccurate sobriety statistics.
Some police officers are untrained in administering these tests. Interpretations of results vary greatly. That could be a defence if you think the officer’s judgment was wrong.
Proving Medical Conditions
When medical conditions resemble impairment, DUI cases require proof. Presentations of neurological disorders, diabetes, and anxiety that mimic intoxications should be well-crafted.
Organize and prepare your doctor’s medical evidence to strengthen your defence. Evidence can include medical records, a diagnosis, or a letter explaining how your condition affects your physical abilities. Your doctor’s testimony can be another piece of medical evidence to support your claim.
Discuss with your attorney how to best present these medical conditions in court. Demonstrating how your medical condition influenced your behaviour during the traffic stop is a crucial aspect of your case.
Establishing Lack of Impairment
It is important to establish the lack of impairment in a DUI defence. Supporting this claim will involve the collection of evidence such as witness testimonials, dashcam footage, and professional driving evaluations.
You can also submit proof of arrest for blood alcohol content (BAC). If it shows BAC below the legal limit or testing irregularities, it can strengthen your case.
Streamlining your case with real-time driving history and including personal factors may help. Demonstrating your sobriety beyond a reasonable doubt can sway the jury or judge and increase your chances of a successful case.
Conclusion
You can use several strong defence strategies to counter DUI charges. You could challenge the traffic stop’s legality, the Breathalyzer’s accuracy, and the field sobriety tests to prove your point. Take into account any medical conditions affecting your performance and focus on disproving impairment. An advantageous outcome may be possible with the right approach.
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