1. The Officer Lacked Probable Cause For The DUI Arrest
Challenge the evidence as being insufficient to prove that believe a crime, drunk driving, had been committed.
If the judge decides the officer who arrested you for DUI lacked probable cause, then the subsequent breath or blood alcohol test may be excluded from evidence. Often, the entire case is dismissed.
2. Weaving Within Your Lane Does Not Justify A DUI Traffic Stop
In order to stop a driver, an officer must be able to state that a specific traffic violation had been committed, and that the stop was based on a “probable cause.” An arbitrary DUI traffic stop violates your rights under Maryland State and US constitution. If the traffic stop is found to lack legitimacy, then we can use “suppression motion” to cross-examine the police officer and show the judge that the case should be dismissed altogether.
3. Distracted Driving Does Not Mean Drunk Driving
Perhaps you were trying to find your way in a new city and were reading street signs. Or you were staring at a driver on his/her cell phone. There are innocent explanations to explain your faulty driving. Speeding also does not mean the driver was impaired.
4. The Alleged Symptoms of DUI Are Actually Signs Of Fatigue or Allergies
Many of the typical symptoms associated with DUI can just as easily be explained by fatigue or allergies. Sheer exhaustion often causes one to drive a vehicle poorly, to have bloodshot and watery eyes, to respond slowly to some of the DUI officer’s questions, and to struggle with the field sobriety tests that require vigilance and good coordination.
5. Question the Reliability of Field Sobriety Tests
According to NHTSA, for example, the one leg stand test has a 65% accuracy rate and the walk-and-turn test a 68% accuracy rate. When officers arrest DUI suspects based on failing these tests, one in three suspects is wrongfully arrested.
6. Reasons for Poor Performance on the Field Sobriety Tests
Even if you performed less than perfectly on the DUI field sobriety tests, this may be attributable to unfair test conditions such as: uneven or slippery terrain, distraction of flashing lights and traffic, dark night, rain or snow, and anxiety.
7. Acid Reflux Caused A Falsely High Reading On The DUI Breath Alcohol Test
People suffering from Gastroesophageal Reflux Disease (GERD), acid reflux or heartburn can “fool” the DUI breath machines, causing an inaccurately high reading of the blood alcohol level. The machine then provides a reading higher, often times dramatically higher, than the DUI suspect’s true BAC. A person with a true BAC of .05 can read .20. Eating a large meal can also cause elevated readings from burping. Spicy foods react with hydrochloric acid to produce methane gas. Yeast in pizza also produces alcohol. Diabetics and low-carb dieter’s bodies produce ketones, which are also misread by breathalyzers. Mouthwash and breath sprays also yield elevated Breath test readings.
8. Rising Blood Alcohol Level
A DUI suspect can blow a .15 at the police station; but have had a .07 BAC at the time of driving when he got pulled over. Why? Because alcohol takes an average of 50 minutes, but can take as long as three hours, to absorb fully into your bloodstream and create your peak blood alcohol level. This is critical if the DUI traffic stop occurred relatively soon after you finished drinking.
9. Challenge the chemical test: Contamination may occur throughout the process of collecting, storing and analyzing a blood or urine sample. Many times proper procedures are not followed . Common to all of these chemical tests, is the inherent range of error. If you contact a lawyer immediately, we can obtain an independent BAC test for comparison. The goal is to establish reasonable doubt in the accuracy of these results, so that the jury will find you Not Guilty.
10. Hire a good DUI defense attorney. An experienced, aggressive, drunk driving defense attorney with a proven track record of implementing winning DUI defense strategies is essential to your case and your future criminal and driving record. Your legal defense will fight to get your charges dropped or reduced. Call Alpert Schreyer Trial Attorneys at 866.444.6363 to safeguard your rights.