Facing a DUI (Driving Under the Influence) charge can be an incredibly stressful experience, especially considering the potential consequences such as fines, license suspension, and even jail time. However, it’s important to remember that DUI cases are not always as clear-cut as they might seem. A skilled DUI lawyer can challenge the prosecution’s case using various legal defenses to get the charges dropped or reduced.
In this article, we’ll explore some of the most common and effective defenses that toronto dui lawyer use to defend their clients and potentially get the charges dismissed or reduced.
1. Improper Traffic Stop
One of the most fundamental rights in the criminal justice system is that law enforcement officers must have a valid reason for stopping a driver. If a police officer pulls you over without cause or violates your constitutional rights during the traffic stop, the evidence gathered during the stop may be inadmissible in court.
Why It’s a Strong Defense:
Fourth Amendment Rights: The U.S. Constitution protects citizens from unreasonable searches and seizures, and this applies to traffic stops as well. If a police officer does not have a reasonable suspicion or probable cause to pull you over, it can lead to the suppression of evidence, including any field sobriety tests or breathalyzer results obtained during the stop.
Common Examples:
No visible traffic violation (e.g., no swerving, speeding, or failure to signal).
Lack of probable cause for suspicion of impairment (e.g., the officer did not observe erratic driving behavior).
If your DUI lawyer can successfully argue that the officer had no valid reason to stop you, the case against you might be dismissed or significantly weakened.
2. Faulty Sobriety Tests
Field sobriety tests (FSTs) are often used by law enforcement officers to determine whether a driver is under the influence of alcohol or drugs. However, these tests are subjective, and a variety of factors can affect their accuracy. DUI lawyers frequently challenge the results of field sobriety tests, arguing that they were improperly administered or that other factors contributed to poor performance.
Why It’s a Strong Defense:
Subjectivity of Tests: The results of FSTs, such as the walk-and-turn or one-leg-stand test, are open to interpretation. A police officer’s judgment can be influenced by various factors such as weather conditions, fatigue, medical conditions, or nervousness.
Improper Administration: Officers must follow specific procedures when administering these tests. If the officer fails to follow proper protocol, such as not giving clear instructions or not allowing sufficient time for the driver to complete the test, the results can be challenged in court.
Common Factors That Can Affect Test Accuracy:
Medical conditions such as vertigo or physical disabilities.
Poor weather conditions (e.g., wet roads, rain).
Officer errors in administering the test.
A well-prepared DUI lawyer will know how to challenge the validity of these tests and use them to your advantage.
3. Inaccurate Breathalyzer Results
Breathalyzer tests are often used to measure a driver’s blood alcohol content (BAC). However, these devices are not foolproof, and there are several ways they can produce inaccurate readings. DUI lawyers often challenge breathalyzer results to weaken the prosecution’s case.
Why It’s a Strong Defense:
Calibration Issues: Breathalyzers must be regularly calibrated to ensure accuracy. If the machine is not properly calibrated or maintained, it may produce inaccurate readings.
Improper Use: Officers must be trained to administer breathalyzer tests correctly. If the officer does not follow the correct procedure, the results may not be reliable.
Medical Conditions or External Factors: Certain medical conditions (such as diabetes or acid reflux) or external factors (such as mouth alcohol or mouthwash) can interfere with the accuracy of a breathalyzer reading.
Common Breathalyzer Issues:
Calibration errors.
Use of the wrong machine.
Failing to observe the 15-minute waiting period before administering the test.
Use of breathalyzers past their expiration date.
A skilled DUI lawyer will investigate the circumstances surrounding the breathalyzer test to determine whether there were any issues that could lead to inaccurate results.
4. Rising Blood Alcohol Content (BAC)
In some DUI cases, a person may be arrested while their BAC is below the legal limit, but their BAC increases significantly in the time between the arrest and the testing. This is known as the "rising BAC" defense, and it can be an effective way to get DUI charges reduced or dismissed.
Why It’s a Strong Defense:
Timing of the Test: Alcohol takes time to absorb into the bloodstream. If you were arrested shortly after drinking and your BAC was below the legal limit at the time of arrest, but rose above the legal limit by the time the test was administered, your lawyer can argue that you were not intoxicated while driving.
Key Elements of This Defense:
The arrest occurred shortly after the defendant had consumed alcohol.
The BAC test was administered after the alcohol had absorbed into the bloodstream, raising the BAC level.
This defense requires a thorough understanding of alcohol absorption rates and timing. A skilled DUI lawyer will work with expert witnesses to show that your BAC level was rising at the time of the test, not when you were driving.
5. Medical or Physical Conditions
Certain medical conditions or physical disabilities can interfere with the results of field sobriety tests or breathalyzer tests, making it seem like a person is intoxicated when they are not. Common conditions like vertigo, neurological disorders, or even anxiety can cause a driver to fail field sobriety tests, even if they have not consumed alcohol.
Why It’s a Strong Defense:
Pre-existing Conditions: Physical or medical conditions can affect balance, coordination, and the ability to perform certain movements required by field sobriety tests.
Medication Effects: Some medications can mimic the signs of intoxication, such as slurred speech or impaired coordination. If you were taking prescription medication, your DUI lawyer could argue that the symptoms were caused by the medication, not alcohol.
Common Medical Conditions That Can Affect Test Results:
Inner ear problems (which can affect balance).
Neurological disorders.
Anxiety or nervousness, which may cause difficulty in performing tests.
By providing medical evidence and expert testimony, a DUI lawyer can challenge the results of sobriety tests and demonstrate that your actions were due to a medical condition, not impairment.
6. Improper Handling of Evidence
Sometimes, the prosecution's case can be undermined by errors made during the handling or storage of evidence. If the evidence in your case was mishandled, lost, or contaminated, your DUI lawyer may be able to argue that the evidence is inadmissible.
Why It’s a Strong Defense:
Chain of Custody: If the evidence (such as blood or urine samples) was not properly stored or transported, it could be compromised. A DUI lawyer can challenge the prosecution's ability to prove that the evidence is reliable and was handled correctly.
Mishandling of Documents: If key documents (such as arrest records or test results) are missing or improperly filled out, this could weaken the prosecution's case.
Conclusion
While facing a DUI charge is undoubtedly a serious matter, there are several defenses that skilled DUI lawyers can use to either get charges reduced or dismissed altogether. From challenging the validity of traffic stops to questioning the accuracy of breathalyzer tests or field sobriety tests, there are many ways to fight a DUI case. If you’re facing DUI charges, consulting with an experienced DUI lawyer who can evaluate your case and develop a defense strategy tailored to your situation is crucial for protecting your rights and your future
