Five Common DUI Defenses

The consequences of DUI charges can affect your life significantly. From your future jobs to your education, everything is at stake. Besides, you will have to face penalties and mandatory jail time after. However, many people admit guilt and give up without understanding that there is a way out. 

If you are arrested for drunk driving in Rochester, contacting a DUI attorney should be the most crucial step. Your attorney can help identify your case and build a strong defense strategy to reduce your charges or even dismiss them.

Some of the common DUI defenses. 

  • Illegal stop by the police officers.

Unless the police officers have a valid reason to ask you to pull over, they cannot stop the vehicle. The police cannot pull you over just by “guessing” or a “gut feeling.” When talking specifically about DUI, the police officers must have a valid reason. For instance, you were disobeying the traffic laws, mechanical malfunction, overspeeding, unusual behavior, etc. If there was no valid suspicion for asking you to pull over, you could use it against the police.  

  • Refusing to allow the suspect to contact an attorney. 

According to the constitution, you have the right to have an attorney before and after the arrest. You can exercise your right to remain silent unless you have an attorney by your side. If the police officers refuse to let you talk to an attorney, you can somehow use it against you to reduce your charges. 

  • Miranda rights violations. 

You have various rights following your arrest. A police officer must inform the suspect when they are arrested instead of confusing them by saying it is just an interrogation. The police officers must also remind and alert the suspect about their Miranda rights after their arrest, such as anything they say can be used against them in front of the prosecution, right to call their lawyer and more. 

  • Inaccurate breathalyzer test. 

Breathalyzer tests are not always accurate. Various factors influence the test results, such as the high body temperature of the suspect during the test. A single test cannot give accurate results. Your attorney can work with the forensic experts and analyze whether the test results are accurate. Any technical or scientific issue in the tests can be presented for your case. 

  • Medical conditions. 

Sometimes various medical conditions result in the appearance of being drunk and impact the breathalyzer test. Sometimes ketosis can also cause an alcohol-like smell in the body which the police officer might have suspected. Additionally, slurred speech, blurry vision, sinus issues, and more can result from other medical conditions. If you have medical reports of the medical conditions, you can use them to defend yourself from a false DUI accusation. 

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