Most people accused of a crime have a presumption of innocence that protects them from social judgment and immediate consequences. However, drivers accused of driving under the influence (DUI) offenses often don’t receive the benefit of the doubt.
The presumption of innocence seems to go right out the window when people assume that the state has chemical evidence of a crime. Despite the attitude many people take toward DUI offenses, the chances are good that you have an opportunity to defend yourself. The following three strategies are among the more common options used by those accused of impaired driving.
Challenge the validity of the chemical test
Chemical breath tests simply aren’t as accurate as people think they are. Everything from calibration issues to improper administration can influence how accurate the test results are. Your attorney could potentially help you develop a strategy that involves challenging the test results by demonstrating how unreliable such tests can be.
Develop an alternate explanation for behaviors and test results
Some behaviors that might seem to imply guilt or impairment are actually the result of physical or mental health conditions. Everything from anxiety to musculoskeletal conditions could impair your ability to pass a field sobriety test or could make you sound like you have slurred speech.
In fact, it’s even possible for diabetes or strict adherence to a keto diet to result in a failed breath test. If you can show that there is a more reasonable explanation than drunkenness for your test results, you could avoid conviction.
Challenge the validity of the traffic stop itself
Police officers can’t just stop you because they want to. They have to have a reason to conduct a traffic stop. If an officer didn’t immediately express concern that you were under the influence but then seemed to develop that theory as your interaction went on, you may be the victim of profiling or an officer fishing for an excuse to arrest you.
After a DUI arrest, it’s wise to talk with an experienced attorney. They can provide valuable guidance based on your specific circumstances.