2 DUI Defenses That Rarely Work, But Might Work For You


A DUI conviction has long-term ramifications and you should do everything in your power to avoid one. This includes trying every defense under the sun, including these two that can help you but don't work in many situations.

  1. The Low Carb Defense

If you are on a low-carbohydrate diet, say you want to shed off some pounds, your body will resort to burning the fats your body has stored. Unfortunately, the fat burning process will generate some alcohol as a byproduct of the process.

Self-generated alcohol is usually not a problem for those who have not tasted any alcohol; the levels are usually too low. The problem arises if you are on a low-carb diet and you are also taking alcohol. In such a case, the combination of even a little alcohol and self-generated alcohol can get you arrested for a DUI.

There are two problems with raising this DUI defense. First, it is difficult to prove that self-generated alcohol elevated your blood alcohol content (BAC) above the legal limit. Secondly, self-generated alcohol alone is not enough to trigger a positive result in the breathalyzer so you can't use it and claim that you haven't been drinking. In short, the chances of succeeding with the low-carb diet defense are pretty slim.

  1. Illegal DUI Checkpoint

You probably know that the police don't have the right to stop drivers every time they wish. The police need probable cause, a reasonable belief of wrongdoing or crime, to stop a motorist. A broken taillight, erratic driving, violation of traffic laws are some of the probable causes the police can use to stop your car. Some people know this and try to use illegal DUI checkpoints when charged with DUIs.

The problem is that there are so many exceptions to the rule that it is difficult to be in a situation where the police cannot prove that an exception existed. In fact, the Supreme Court has ruled that a temporary stop (a brief stop to ascertain a driver's intoxication) does not violate the driver's rights.

Thus, a DUI stop can only be illegal under certain specific circumstances. For example, a stop may be illegal if the police delay you for a long time, don't have any reason to stop you, or discriminate against you (for example, if they stop you because of your gender). You may succeed with the illegal DUI stop defense, but your chances of success are pretty slim.

Whether or not a DUI defense can work depends on the prevailing circumstances. Consult a criminal lawyer to help you figure out which defense can work for your case.


3 January 2020

Working With Your Attorney

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.