It is possible to fight DUI charges if you have the right lawyer on your defense. There are several steps involved when fighting the charge. First, the police should provide convincing evidence that you were driving when drunk. The way the police will stop your car should be according to the law. If they made errors when arresting you, then there are chances you can argue the case in court and get your DUI charge dismissed. It is good to remain calm at all times and know your rights as a driver. There are several steps you can take to argue and convince the judge. Below we are going to explain to you the steps you can take to fight a DUI charge.
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1.The DUI Blood Test Was Not Accurate
You may have been arrested, but you feel like the test was not accurate. A blood test can lead to inaccurate results due to blood fermentation during the testing, blood contamination, and improper blood sample storage. The police would like to test your blood for alcohol before being arrested and charged because of DUI. There are cases where people can end up being arrested, and they test positive for high alcohol content, but in a real sense, the test was not carried out accurately. The lawyer will outline the possible cause of your wrong test. If you were wrongfully arrested, then you may be set free by the judge.
2. Medical Condition Affecting The Breath Test
You may be suffering from medical conditions such as acid reflux, heartburn, and GERD that is affecting your breath test. The police should produce the results in court for you to be convicted of the charge. If you can prove that your medical conditions lead to the wrong breath test results, you can easily beat the charge and get set free. The breath test targets air from your lungs. When people suffer from the above medical conditions, they can end up with wrong results because the air will travel from the stomach to affect the measured air quality. The police may not consider this when taking the test. Get a good lawyer, and she will argue accordingly to help you fight the case.
3. Diet
Some health conditions, such as diabetes, will require people to feed on low carbohydrates. The high proteins diet can trick the DUI breath test. If you had not had a drink or you had just taken a single bottle of beer, then the attorney can argue in court about the effects of your diet on the test. When people feed on a low diet, the body utilizes proteins and fats stored in the body. In the process production of ketones can lead to isopropyl alcohol that is released through the breath. You may test positive for high blood alcohol if you have such a condition. It is upon the lawyer to argue out and help you win the case. Many testing kits do not distinguish between the different alcohol types, and they will lead to a DUI charge.
4. Rising Blood Alcohol
You may have been tested for high alcohol content in your blood or breath before you started driving. For instance, the police can come to the parking lots at the club and start testing people who have parked the cars or are relaxing in the car. They will then observe whether you will leave the parking lot. If you are charged under such a case, you can challenge the decision in court and win; the test should be taken when driving the car. An experienced Dayton DUI lawyer can help you handle each case in court and even win.
5. You Were Not The One Driving The Car
It is advisable to look for a sober driver to drive you home if you have overindulged in alcohol. You may have been stopped by the police when you were the two of you in the car, and they test all people. Your high levels of alcohol can lead to a DUI charge. Under such a case, you can easily argue your case out of court. There is no offense if you can be drunk in a car. Relax in the passenger seat and let the sober driver take you home. Under such a case, it will be easy to argue your case and get freedom.
6. No Probable Cause For The Stop
The police should have evidence of a possible office before they can stop your car and start carrying out the tests. If you were driving safely and then stop, you could challenge the stop in a court of law. Evidence obtained without probable cause of stop when driving can be easily dismissed in the court of law. It is essential to check out the condition and the circumstances when you were pulled over. You can involve your lawyer, and he will come up with evidence and a defense strategy that can help you get out of trouble.
7. Faulty And Unreliable Breath Tests
The breath tests can result in wrong results if they are not handled well by the police. If you can prove in the court of law that the device was not applied the right way, then there are high chances you will get the case dismissed. Other health conditions can as well interfere with the case. For example, failure to observe the defendant before taking the breath test can be a point of contention, and if you argue it well when in court, you can get the case dismissed. Hire the best Dayton DUI lawyer, and they will help you navigate the case.
8. Alcohol In Mouth
The breath test instrument targets alcohol in alveolar air. The air should come from deep inside your lungs. If there are traces of alcohol in your mouth, then the device can measure high alcohol levels, making you get the DUI charge. Some of the reasons that can make the mouth retain more alcohol are the dental work that traps small amounts of alcohol, burp or regurgitation can make your breath have more drink. People who suffer from heartburn can argue for the charge to be discharged. Hiring a lawyer who knows how to argue the case in court can help you get the case dismissed.
9. Blood Sample Test By An Unqualified Person
The qualified experts should handle the blood sample analyzed by the police department for evidence in court. If the people who handled your blood sample when testing for alcohol were not qualified, you could argue to get the case dropped. The instruments that were sued should be well-calibrated. Some people have been charged falsely because of faulty equipment or poor handling of the samples. You can argue the case in court and get it dismissed.
10. Inaccurate Field Sobriety Test
The field sobriety test should be accurate. The office should not include any form of intimidation when administering the test. The lighting should be clear. Several other conditions should be taken into account. For example, weather conditions can affect your results. It is good to take the test on a flat surface. An uneven surface can make you shake and fail the test. Your footwear can also make you fail the test. All factors will be taken into account before you can be charged. If the police test was not done well, then you can get the results dismissed.
There are several steps involved when being processed and charged for a DUI office. Hire a lawyer, and it could be possible to get the charges dismissed.
