DUI Lawyer Guide: Top Defenses to Fight Your Charge

Meason & Morris Law discusses DUI Lawyer Guide: Top Defenses to Fight Your Charge

A DUI arrest can be a terrifying and life-altering event. The flashing lights in your rearview mirror, the field sobriety tests, and the breathalyzer can all feel like a nightmare. The fear of losing your license, facing hefty fines, and even jail time is a heavy burden to bear. But a DUI charge is not a conviction.

There are many ways to fight a DUI, and an experienced DUI lawyer can be your best ally. At Meason & Morris Law, we understand the stress and uncertainty that come with a DUI arrest. Our skilled DUI attorneys have a deep understanding of DUI law and a proven track record of success in defending our clients.

This guide will walk you through some of the top defenses a DUI lawyer may use to fight your charge, from challenging the traffic stop to questioning the accuracy of the evidence against you. With the right legal strategy, you can protect your rights and your future.

Challenging the Traffic Stop

One of the first things a DUI lawyer will do is examine the legality of the traffic stop. The police cannot pull you over for no reason. They must have a "reasonable suspicion" that you have violated a traffic law or are engaged in criminal activity.

This could be anything from speeding or running a red light to weaving or driving erratically. If the police did not have a valid reason to stop you, any evidence they collected after the stop, including the results of a breathalyzer test, may be suppressed. This means that the prosecution cannot use it against you in court.

Your attorney will also look at whether the police had "probable cause" to arrest you for DUI. Probable cause is a higher standard than reasonable suspicion, and it requires that the police have a reasonable belief that you were driving under the influence.

This is usually based on their observations of your driving, your physical appearance, and your performance on field sobriety tests. If the police did not have probable cause to arrest you, the arrest may be deemed unlawful, and the charges against you could be dismissed.

Your constitutional rights are also at play during a traffic stop. The Fourth Amendment protects you from unreasonable searches and seizures. This means that the police cannot search your car without a warrant or your consent, unless they have probable cause to believe that you have committed a crime. If the police violated your constitutional rights during the traffic stop, your attorney can file a motion to suppress the evidence against you.

Questioning Field Sobriety Tests

Field sobriety tests (FSTs) are a common tool used by police to determine if a driver is impaired. However, these tests are not always accurate, and there are many ways to challenge their results. The National Highway Traffic Safety Administration (NHTSA) has standardized three FSTs: the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test. These tests are designed to be administered in a specific way, and any deviation from the standardized procedure can affect the results.

Your DUI lawyer will carefully review the police report and any video evidence to see if the FSTs were administered correctly. They will look for any errors in the instructions, the demonstration, or the scoring of the tests. For example, if the officer did not give you clear instructions or did not demonstrate the test correctly, the results may be unreliable.

Medical conditions can also affect your performance on FSTs. If you have a medical condition that affects your balance, coordination, or vision, you may not be able to perform the tests correctly, even if you are not impaired. Your attorney can present evidence of your medical condition to challenge the results of the FSTs.

Environmental factors can also play a role. If the tests were administered on an uneven surface, in poor lighting, or in bad weather, the results may be inaccurate. Your attorney can use these factors to argue that the tests were not a reliable indicator of your sobriety.

Finally, your attorney will look at the officer's training and certification. If the officer was not properly trained or certified to administer the FSTs, their testimony may be challenged in court. By questioning the accuracy and reliability of the FSTs, your attorney can weaken the prosecution's case against you.

Challenging Breathalyzer and Chemical Tests

Breathalyzer and other chemical tests are often seen as the most damning evidence in a DUI case. However, these tests are not infallible, and there are many ways to challenge their results. One of the most common defenses is to question the calibration and maintenance of the breathalyzer machine. These machines must be regularly calibrated and maintained to ensure their accuracy. If the machine was not properly calibrated or maintained, the results may be unreliable.

The rising BAC defense is another common strategy. This defense argues that your blood alcohol content (BAC) was below the legal limit when you were driving, but it rose above the legal limit by the time you took the breathalyzer test. This can happen if you had a drink shortly before you were pulled over, as it takes time for alcohol to be absorbed into your bloodstream.

Mouth alcohol contamination can also affect the results of a breathalyzer test. If you have any alcohol in your mouth when you take the test, it can lead to a falsely high reading. This can be caused by a variety of factors, including mouthwash, dental work, or even certain medical conditions.

Speaking of medical conditions, there are several that can affect the results of a breathalyzer test. For example, if you have diabetes, you may have a high level of acetone in your breath, which can be mistaken for alcohol by a breathalyzer. If you have a medical condition that could have affected the results of your test, your attorney can present evidence to challenge the accuracy of the results.

For blood tests, your attorney will look at the chain of custody. This is the record of who handled the blood sample from the time it was drawn until it was tested. If there are any gaps or inconsistencies in the chain of custody, the results of the test may be challenged.

Finally, your attorney can also argue that the equipment malfunctioned. Like any other machine, breathalyzers and other chemical testing equipment can malfunction. If there is any evidence that the equipment was not working properly, the results of the test may be suppressed.

Additional DUI Lawyer Defense Strategies

In addition to challenging the traffic stop and the evidence against you, there are several other defense strategies that a DUI lawyer may use. One of these is to argue that your Miranda rights were violated. The police are required to read you your Miranda rights before they question you in custody. If they failed to do so, any statements you made to them may be suppressed.

Your attorney can also challenge the testimony of witnesses. If there were any witnesses to your arrest, your attorney can interview them to see if their testimony is consistent with the police report. If there are any inconsistencies, your attorney can use them to challenge the prosecution's case.

Video evidence can also be a powerful tool in a DUI defense. If there is any video evidence of your arrest, your attorney will carefully review it to see if it contradicts the police report. For example, if the video shows that you were not driving erratically, it can be used to challenge the legality of the traffic stop.

In some cases, it may be in your best interest to negotiate a plea bargain with the prosecution. A plea bargain is an agreement where you plead guilty to a lesser charge in exchange for a lighter sentence. Your attorney can negotiate with the prosecutor to get you the best possible deal.

Finally, your attorney can also explore alternative sentencing options. In some cases, you may be eligible for a diversion program or other alternative to a traditional sentence. These programs can help you avoid a criminal conviction and the long-term consequences that come with it.

Conclusion

A DUI charge can be a daunting experience, but it is important to remember that you have rights and you have options. An experienced DUI lawyer can be your advocate and your guide, helping you navigate the legal system and fight for the best possible outcome.

From challenging the legality of the traffic stop to questioning the accuracy of the evidence against you, there are many ways to defend against a DUI charge. The key is to have a skilled and knowledgeable attorney on your side.

At Meason & Morris Law, our DUI attorneys have a deep understanding of DUI law and a commitment to protecting the rights of our clients. We will thoroughly investigate your case, identify any weaknesses in the prosecution's case, and develop a legal strategy that is tailored to your specific situation. We will fight to protect your rights, your freedom, and your future.

If you are facing a DUI charge, don't wait. Contact us today for a consultation and let us put our experience to work for you.

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Meason & Morris Law is a legal firm led by seasoned attorneys Marty Meason and Chris Morris. We provide a professional experience for all our clients, helping them navigate their legal rights. We focus on Criminal Justice Law (felonies and misdemeanors), Divorce and Family Law, Expungement and Felony Law, Probate Law and also have Trial experience. Serving Washington County, Nowata County, Osage County, Rogers County, Payne County, Pawnee County, and Kay County in Oklahoma.

Meason & Morris Law

515 Delaware Ave

Bartlesville, OK 74003

918-336-6300