10 Defenses to a DUI Charge

Driving under the influence, also known as DUI, can be a serious offense with severe consequences. Being charged with a DUI can lead to hefty fines, license suspensions, and even jail time. At first, it may seem like there is no hope of defending yourself against such charges. However, there are several defense strategies that our legal team can help you explore.

1. Lack of Probable Cause

Police officers must have probable cause before pulling you over and performing a DUI test. Without a valid reason for the stop, the evidence obtained through the test may not be admissible in court.

2. Breathalyzer Accuracy

Breathalyzer tests are the most common DUI tests administered by police officers. However, these tests can be complex and require proper calibration and maintenance. If there is any doubt about the accuracy of the test, the results may be inadmissible in court.

3. Blood Test Accuracy

Blood tests are more accurate than breathalyzer tests but require proper handling and storage. Any mistakes made during testing or handling of the blood sample could result in unreliable evidence.

4. Field Sobriety Test Accuracy

Field sobriety tests such as the walk-and-turn, finger-to-nose, and one-leg stand tests can be inaccurate if not performed correctly. If the officer performing the test does not follow the proper procedures, the results may be invalid.

5. Rising Blood Alcohol Level (BAC)

It takes time for alcohol to reach its peak level in the blood. If your BAC was below the legal limit at the time of the stop but reached the limit later on, you may have a defense against the charges.

6. Medical Conditions

Certain medical conditions and medications can affect the accuracy of DUI tests. You may have a valid defense if you have a medical condition or have taken medication that could interfere with the test results.

7. Improper Stop

If the police officer pulled you over without a valid reason, the stop may be considered illegal. Any evidence obtained from an illegal stop would be inadmissible in court.

8. Inaccurate Police Report

Police officers must submit a detailed report of the DUI stop and arrest. If there are factual errors or inconsistencies in the report, it may weaken the prosecution's case.

9. Improper Handling of Evidence

Any evidence obtained improperly or unlawfully may be inadmissible in court. This includes evidence obtained through an illegal search or seizure.

10. Constitutional Violations

The Constitution protects your rights as a citizen. If the police violated any of your rights during the DUI stop or arrest, you could have a valid defense against the charges.

Drug Defense Lawyer in Atlanta

With the help of an experienced DUI defense attorney, you can fight the charges and protect your rights. If you need help with a DUI charge, contact Law Office of Jeff Manciagli today at (770) 884-4708 for a consultation.