How To Defend Against Drunk Driving Charges

It can feel like the end of the world when you get arrested for DUI. But your life is not over. Drunk driving is among the most common criminal charges faced by drivers. There are severe consequences for driving under the influence of alcohol, including fines, community service, jail time, and driver’s license suspension.

However, you also have a right to a trial. Your DUI lawyer can present legal defenses to mitigate charges or prove you innocent. If you’re facing DUI charges, contact a DUI defense attorney as soon as possible.

Presumption of Innocence and Burden of Proof

In criminal court, you start with a presumption of innocence for your DUI charge. The prosecution has the burden of proof to show that you committed the crime of DUI/DWI. You or your lawyer then present a legal defense in response.

The burden is always on the prosecution — not the defendant — to prove its case “beyond a reasonable doubt.” Even when Breathalyzer test results show a blood alcohol content (BAC) of 0.08 percent, there can still be reasonable doubt if there is evidence that the breath test unit was improperly calibrated or the test was not properly administered.

This distinction is crucial because you do not have to prove your innocence. Instead, you are showing the lack of viability in the prosecutor’s arguments. It also means you have a right to defend yourself. “I think many people think that you can’t defend the DUI, and that’s not correct. There’s a lot that can be done,” says Robert Reiff, a criminal defense attorney in Miami, Florida.

Bruce Edge, a DUI lawyer in Tulsa, Oklahoma, agrees. “There are so many variables. Was there an accident? Was there a blood or breath test? Was there a refusal? Different approaches kick in depending on the process. We may want to retest blood samples, for example. If a person refused a test, we will many times perform our own. That may sound unusual, but it’s something we do and is admissible,” Edge says.

“The first thing is: Use your constitutional right to shut up. Then call an attorney,” he continues. “Be polite, do what needs to be done, then get legal help.”

Challenging the Traffic Stop

The first consideration is the legality of the traffic stop. Law enforcement officers need a reason to pull you over, whether it’s suspicion of DUI or an apparent traffic violation.

Police officers only need “reasonable suspicion” to detain you. But if an officer pulls you over without a valid reason, then any evidence of DUI gathered as a result of that illegal stop is inadmissible in court. Without this evidence, there is no basis for the DUI charge.

Another common defense is that the law enforcement officer illegally obtained evidence. This happens when they perform an improper search and seizure. This would violate your Fourth Amendment constitutional rights. The prosecutor cannot use illegally obtained evidence in your trial. It will become more challenging for them to secure a DUI conviction without the supporting evidence.

“All states have due process,” says Reiff. “This means that even though driving is a privilege and not a right, if they take away your privilege to drive, they have to give you some semblance of due process to challenge the validity of that suspension.”

Questioning Field Sobriety Tests (FSTs)

A common method for determining intoxication level is field sobriety tests (FSTs). These are physical tests that an officer has the driver perform. Examples include standing on one leg and counting, walking a straight line with a turnaround and comeback, or horizontal gaze testing.

There are several potential problems with FSTs. They do not directly measure your blood alcohol concentration or account for individuals’ varying levels of physical ability. Many people struggle to follow directions or successfully complete tasks when completely sober. Whether you pass the field testing is also highly subjective based on the officer’s opinion of your performance.

Problems Analyzing Breathalyzer Tests and Blood Tests

Chemical tests are a common method for creating evidence against an individual suspected of DUI. A breath test requires the driver to breathe into a device that will measure the alcohol level in the air coming from the individual’s lungs. A blood test will measure the amount of alcohol in the individual’s blood.

If you perform these tests, your DUI defense lawyer will ask for the maintenance logs and records of the devices used to perform these tests.

Faulty Test Equipment

Testing equipment needs to be routinely recalibrated for accuracy. If the equipment used to test your BAC has not received proper calibration, your test results could be inaccurate. This can call into question the reliability of the prosecution’s evidence against you.

While faulty equipment won’t automatically drop your charges or prove your innocence, it is a possible defense that will benefit your case.

Inaccurate Test Results

Even with a calibrated machine, accurate results depend on the officer operating the machine correctly. If they didn’t receive proper training, this could call the results into question.

Reiff explains that human operational error is a common problem. “The problem with breath testing, for instance, is that they’re supposed to look for deep lung samples, which would be accurate, but to get deep lung samples, you have to perform the test correctly. This doesn’t always happen, and the officer gets an incorrect BAC reading.”

Medical Conditions and Other Factors That Complicate Chemical Testing

Not all humans are the same. Medical or physical conditions can impact how we drive, perform sobriety tests, or score on chemical tests.

Some medications, diets, or even acid reflux can impact breathalyzer test results. Medical conditions like diabetes can affect how your body metabolizes alcohol, resulting in a delayed BAC level.

Blood testing is also subject to inaccuracies due to medical conditions. If you follow a keto diet, your breath could have higher concentrations of auto-generated isopropyl. Breathalyzers could read this as alcohol on your breath. Other potential issues include lap band surgery, partition ratio of blood to breath, and metabolism.

Reiff speaks about how even minor medical conditions can impact your results. “Illness, anxiety or stress, and even your gender can cause your internal heat to go higher than the average. The machine itself has a built-in error range of ±.01. Combine these factors, and you have the potential for an inaccurate result.”

As Reiff notes, breathalyzers have a built-in error allowance range that can result in measurements that are slightly off. Your body chemistry can then increase this error range by impacting your test results. This can mean that your breathalyzer test reading could be inaccurate for your actual blood alcohol level. You could then face harsher criminal charges and punishment based on this inaccurate reading.

Jail Time, Fines, and License Suspensions

Even for a first DUI offense, DUI law authorizes a judge to send a defendant to jail. For a second offense, the range of prison time increases. In most states, multiple drunk driving convictions can lead to felony charges.

In addition to possible jail time, there are also substantial criminal fines associated with drunk driving cases. A judge can fine a defendant up to $1,000 or more for a first-time DUI. This amount quickly escalates for subsequent convictions. These fines may also double in cases where there was a minor in the vehicle with the defendant at the time of the DUI arrest.

A DUI conviction can also lead to the revocation of your driver’s license. You may request a modified license during the suspension period. This allows you to retain limited driving privileges, provided you install an ignition interlock device on your vehicle.

Your attorney can negotiate the sentence and amount of fines. “Some cases go to trial, some don’t, and many are settled prior to trial,” Edge says.

Substance Abuse Programs Instead of Jail Time

Even when a judge imposes a jail term, the court may decide to place a defendant convicted of DUI into a substance abuse treatment program instead.

In some cases, the defendant may be able to reduce or eliminate the need to serve jail time if they successfully complete a diversion program. But once again, it is important to consult an attorney to learn more about how a drunk driving defense works in your particular county.

Get an Experienced Criminal Defense Lawyer

DUI laws are in place to prevent drunk driving. Facing DUI charges does not mean you are automatically guilty. A DUI defense attorney works to protect their client’s legal and constitutional rights. Attorneys can also mitigate the negative consequences of a DUI arrest and get the best possible outcome.

Your attorney may use a combination of these DUI defense strategies as part of their representation. An experienced DUI attorney can analyze your DUI case and determine the best defense approach for the most favorable outcome.

“There’s a difference between a cheap hamburger and a good steak. Good defense takes time, takes skill, and takes training,” Edge says. Visit the Super Lawyers directory to begin your search for an experienced DUI defense attorney.