If you have been arrested for a potential DUI, you may be wondering what your possible defenses are. After all, the evidence can seem quite hard to beat given your situation. Here are some potential defenses your lawyer can use to defend you against a DUI.
The Equipment's Error Rate Was Not Considered
Chances are that you will be given a breathalyzer test at the time you are arrested, which will tell the police officer what your current blood alcohol content (BAC) levels are. One thing to keep in mind is that these devices are susceptible to making errors.
If you had a borderline BAC, and the test was only given to you once, you could argue that the error rate with the equipment is what caused your BAC to test above the legal limit
You Were Not Physically Impaired
Another argument that can be made is that you weren't physically impaired at the time of your arrest. Your breathalyzer test may have come back saying that your BAC was above the legal limit, but you did not demonstrate any other signs that you were driving under the influence of alcohol.
For example, you may have easily passed any field sobriety test that was given to you by a police officer at the time. Your lawyer may ask the question of why you were pulled over in the first place, and if you demonstrated any signs that your driving was impaired. The argument could be made that you were targeted just because you had left a bar, rather than demonstrated a sign of impaired driving.
You Have A Medical Condition
One legitimate defense to having a high BAC is a pre existing medical condition known as GERD, or Gastroesophageal Reflux Disease. This is a condition where gases from inside your stomach will essentially come back out your mouth. If you recently consumed alcohol and the body had not yet digested, you may actually produce vapor that causes you to fail a breathalyzer test by having a BAC level that tests above the legal limit.
This is one defense you definitely need the help of a lawyer to defend yourself. You will need to speak with doctor about your condition, have it documented, and potentially demonstrate to a judge how it is possible.
These are just a few ways that you can defend yourself against a DUI. For more information on legal defenses, meet with a local DUI lawyer.