Many people believe that there are very few options for defending against a charge of driving under the influence, particularly if there's a breath test or a field sobriety test conducted at the scene. However, there are some options available for you to defend yourself and potentially have these charges dismissed. With the help of a DUI defense attorney, here are two things you should consider.
Acknowledge Poor Driving
If you refused the breath test and blood test, there's no medical documentation of your blood alcohol content to prove that you were intoxicated. Sometimes, poor driving habits or distraction can cause a driver to appear intoxicated behind the wheel.
For example, if you had one glass of wine before you left the bar, then you tried to call your babysitter on the way home but dropped your phone, you may have inadvertently weaved out of the lane as you reached for the phone. The officer that pulled you over witnessed the erratic driving, smelled the glass of wine on your breath and assumed you to be intoxicated.
Your attorney can show the receipt from the bar that clearly proves you didn't drink enough to be intoxicated and then present the call log that shows that you were calling your babysitter. If the call didn't connect or you weren't able to dial, a statement from your babysitter that he or she was watching your kids that night may be enough.
Contest The Conditions Of The Field Test
If the arresting officer administered a field sobriety test, you may be able to have that evidence excluded from the case by contesting the conditions under which it was conducted. The results of a field test can be affected by many things, including any illness you may have had, the shoes you were wearing, windy or cold weather, heavy traffic and even flat feet or hip and back problems.
When one of these things may apply to your situation, talk with your DUI defense attorney right away. That way, you can gather documentation of whatever conditions affected the test. If there's a dashcam video of the test, your attorney may subpoena it and hire an expert witness to explain how the test was affected.
These are two potential options for defending yourself against a charge of driving under the influence. Your DUI defense attorney can help you evaluate the traffic stop, the circumstances and the resulting arrest to spot any other potential issues that may help your case. The sooner you retain an attorney like Boehmer Law, the more time you'll have to formulate a sound defense.
When I was younger, I had a hard time following the rules. I got in with a bad group of friends, and I found myself in juvenile detention more than a few times. When I was sixteen, a teacher sat me down and explained where my life was leading. That teacher was the first person that believed in me, and I decided not to let him down. That day, I decided to change my life, and I did. Because of his sound advice, I was able to finish high school, get into a great college, and become a criminal attorney. I understand the uphill battle that troubled youth face, and I want to use this website to teach other people what they need to do to turn things around.