Driving Under the Influence of alcohol or drugs is a serious charge because it endangers lives. However, there are numerous situations where someone is wrongly accused of driving under the influence of alcohol. Even with a positive BAC reading or breathalyzer result, there are still ways you can beat a DUI conviction. An experienced Denver DUI defense attorney can use a number of defenses to have your DUI charges dismissed. Here are just a few of those unbelievable DUI defenses.
Unbelievable Ways You Can Beat a DUI!
Improper Stop- One of the more recurrent defense arguments, this claim is based on the ground that the officer did not have probable cause to stop the vehicle in the first place. In order for an officer to stop your car, he or she must have had a valid reason. Speeding, broken taillights, or driving recklessly are all examples of probable cause. If the officer did not have a reason to stop your vehicle, then your attorney may use this defense to have your DUI charges dismissed.
Rising Blood Alcohol Concentration- With this claim, the defense asserts that the BAC of the Denver driver was under the legal limit while he or she was driving, but increased in the time between the defendant being stopped and being given the breath test. This can occur when alcohol, which has been recently consumed, does not get absorbed into a driver’s system until such time as a BAC test is administered. Also, if the test was administered too late or delayed unnecessarily, then this could be a valid defense.
Administration/Accuracy of Field Sobriety Test- If an arrest is based on an improperly
administered sobriety test, or results which are inaccurate, the arrest may be deemed
improper. A test which discerns eye movements associated with intoxication- the horizontal
gaze nystagmus (HGN) test- is commonly disputed.
Administration/Accuracy of Portable or Standard Breathalyzer Test- The defense may question the administration of the Breathalyzer test for various reasons. For example, was the law enforcement official trained correctly, was the machine accurately calibrated and properly maintained, or did other factors effect test results such as vomiting or ingestion?
Administration/Chain of Custody of Blood Test- This defense casts doubt on the manner in which a blood test was administered or handled after the sample was collected. Improper collection or handling of the blood could lead to a contamination or a false reading. This can be used to dispute the validity of the results and consequently your DUI charges.
Entrapment- For this claim to be successful, a defendant must show that if it were not for the supposed entrapment, they would not have otherwise driven under the influence. This is not common, but a useful defense in some situations.
Necessity- This defense involves averting a “greater evil” by committing a DUI. The defendant must show that he or she had no other alternative but to drive under the influence. This could include escaping a domestic violence situation or other violent situation.
Involuntary Intoxication- This defense could be used if a defendant unwittingly ingested alcohol. For instance, if an otherwise undetectable amount of liquor was placed in drinks at a party. This defense could be useful if a juvenile is arrested for DUI and underage drinking. If the alcohol served at the party was concealed and unknowingly ingested by the defendant, then this defense could be used to have the DUI charged reduced or dismissed.
Improper Police Actions- This defense maintains that the arresting officer violated the defendant’s civil rights in some manner. Evidence or testimony must show that the officer falsified a DUI report or somehow behaved inappropriately.
Hiring an experienced criminal defense lawyer to help you avoid a DUI conviction is strongly recommended. The attorneys at Steven Louth Law Offices have extensive expertise related to DUIs and general criminal defense.
If you have been arrested for DUI in Denver, contact the Denver criminal defense lawyers at Steven Louth Law Offices today for a free consultation and review of your case. Call us at (303)422-2297 to start building a solid defense against these serious criminal charges.