One of the strategies you can use to defend yourself against DUI accusations is to attack the tests used to determine your blood alcohol content (BAC). Police officers commonly administer blood, breath, urine, and saliva tests to determine BAC. Here are some of the tips to use to discredit the validity of these tests:
Your BAC Was Below the Limit at the Time of Your Arrest
Prove that the alcohol was still being absorbed at the time of the testing, and your BAC was below the legal limit. The human body takes about 30 to 45 minutes before it can fully absorb alcohol from the stomach into the blood. Therefore, you need to consider when the test was conducted; was it before or after you absorbed the alcohol? This defense is useful if your BAC lies just above the limit.
Consider a situation in which you take one bottle of beer and immediately get behind the wheel. At this time, it's unlikely that your body has absorbed the alcohol enough to raise your BAC to illegal limits. However, if you are stopped, but the test is done one an hour or so later, your BAC is likely to be over the limit (and your driving may be impaired) because of the time lag.
The Administration of the Test Was Flawed
Another tip is to show that there was a mistake in the administration of the test, and it led to a flawed result. Each test has strict procedures that must be followed if the tests are to be accurate. For example, in the case of the urine test, another liquid must not be allowed to dilute the sample. An impurity with alcohol content may increase the BAC of your urine sample even if your actual BAC is below the limit. Prove that such an error occurred, and you may be able to discredit the prosecutor's charges.
Extenuating Circumstances Inflated Your BAC Level
Lastly, there are also things that can increase your BAC level, but they don't necessarily impair your driving. Examples include medications (such as those used for asthma or ulcers), dental bridges (may retain alcohol in your mouth), and recent vomit episodes. Prove you had one or more of these conditions at the time of the test and you may beat the prosecutor's case.
These are technical defenses that require expert testimony and legal representation to prove. In fact, it's best to consult a DUI attorney to evaluate your criminal defense case and help you decide if this is the route to take.
Share15 December 2015
Few things are more frustrating than being accused of a crime that you didn't commit. I found myself in this difficult situation a few years ago when I was with a friend who broke the law. However, I knew that I didn't do anything, which is why I hired an experienced criminal attorney to help me out. He carefully reviewed my case, talked with me about what court would be like, and helped me to wrap my head around the different punishments I might face. He helped to prove my innocence, and I decided to set up this blog to help other people to understand the importance of working with a professional.