Presenting a defense after you've been accused by the police of driving under the influence can be challenging. There are, however, four arguments that a DUI attorney might make to try to get you off the hook.
The top argument that a DWI defense attorney is likely to deploy is that something was wrong with the equipment that was used to detect blood-alcohol levels. This typically calls for demanding that the police produce logs showing that the equipment has been regularly tested and maintained.
A lawyer may also look at the history of a specific device. In addition to checking for a history of manufacturer defects in the model used to test a suspect, a DUI defense attorney may also look for irregular patterns of excessive positives from the device across a number of cases.
Lack of Probable Cause
The police have to have probable cause to believe that an individual is operating a vehicle while intoxicated before pulling someone over. The evidence to back up this argument has to be fairly compelling, so crossing the center line a single time won't do. A DUI defense attorney can ask the police to produce videos from the cruiser of the officer who conducted the stop to prove that probable cause wasn't present.
A blood-alcohol level above the legal limit may not be as damning as the cops act. If you're absolutely certain that you had not been drinking significantly before you were charged with an offense, there are two medical arguments that can be made regarding the factual accuracy of a field test. The first is that a type of medication you were taking may have elevated your BAC level. The second is a disorder called gut-fermentation syndrome, where the body produces alcohol level as high as 0.30 to 0.40, amounts typically considered dangerous or lethal.
The cops have a range of responsibilities that come with administering tests for drunk driving, including a responsibility to maintain a clear chain of custody of any evidence. For example, if the camera goes dead at some point during a stop, especially during the field sobriety and BAC tests, the defense may be able to present an argument that the police haven't fully presented a case. Similarly, if a blood test is administered, the police and the lab have responsibilities to keep tabs on how the sample was handled.
Contact a professional like Kevin T Conway Esq Pc to learn more.