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Being charged with driving under the influence (DUI) can be a stressful and overwhelming experience DUI Lawyer. The consequences of a DUI conviction can be severe, including fines, license suspension, and even jail time San Luis Obispo DUI Attorneys. However, there are several defenses available to those who are facing DUI charges. In this article, we will explore some of the common defenses that can be used to fight a DUI charge.
Challenging the Traffic Stop
In order for law enforcement officers to stop a driver, they must have a reasonable suspicion that the driver is committing a crime or a traffic violation. If the officer does not have a valid reason for pulling the driver over, any evidence collected after the stop may be suppressed in court. This means that if the stop was unlawful, any breath or blood test results or field sobriety test results may not be admissible as evidence.
Questioning the Validity of Field Sobriety Tests
Field sobriety tests (FSTs) are commonly used by law enforcement officers to determine if a driver is under the influence of a-l-c-o-h-o-l or d-r-u-g-s. However, these tests are not always accurate and can be affected by various factors, such as medical conditions, age, weight, and balance issues. An experienced DUI defense attorney can challenge the validity of FSTs by questioning the officer’s administration of the tests and the circumstances under which they were conducted San Luis Obispo DUI Attorney.
Challenging Breathalyzer or Blood Test Results
Breathalyzer or blood tests are commonly used to measure a driver’s blood a-l-c-o-h-o-l concentration (BAC). However, the accuracy of these tests can be called into question for various reasons, such as improper calibration of the equipment or improper handling of the blood sample. An experienced DUI defense attorney can challenge the validity of these tests and potentially have the results thrown out if they were conducted improperly.
Arguing Rising Blood A-l-c-o-h-o-l
One of the defenses available to those charged with DUI is the rising blood a-l-c-o-h-o-l defense. This defense argues that the driver’s BAC was below the legal limit at the time of driving but had risen to an illegal level by the time the breath or blood test was administered. This defense can be particularly effective in cases where there is a significant amount of time between when the driver was pulled over and when the test was administered.
Challenging the Arresting Officer’s Observations
The arresting officer’s observations of the driver’s behavior, such as slurred speech, bloodshot eyes, and poor balance, are often used as evidence of intoxication. However, these observations can be challenged by an experienced DUI defense attorney by questioning the officer’s qualifications to make these determinations or by providing an alternative explanation for the observed behavior.
Necessity Defense
In some cases, a DUI defendant may argue that they were forced to drive under the influence due to circumstances beyond their control. For example, if a person was driving under the influence to escape a dangerous situation or to transport a person in need of medical attention, they may be able to use the necessity defense to argue that their actions were justified.
In conclusion, being charged with a DUI can be a daunting experience, but it is important to remember that there are several defenses available to those facing DUI charges. An experienced DUI defense attorney can help identify and utilize the most effective defense strategies for a given case. Defenses include contesting the traffic stop, field sobriety tests, breathalyzer or blood test findings, and the arresting officer's observations. To preserve your rights and get the best possible outcome, talk with an expert DUI defense attorney immediately now.
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