Different Types of DUI Defenses

Getting charged with a DUI is a serious matter and can impact your life in many ways. If convicted, you could face jail time, heavy fines and a permanent criminal record. That’s why it’s in your best interest to talk to a skilled criminal attorney as soon as possible. He or she can review your case come up with the best possible defense. Let’s take a closer look at the different types of DUI defenses:

Incorrect Stop By Police

Police are prohibited from pulling over private citizens if they don’t have reasonable suspicion that a crime is being committed. To pull someone over for a DUI, the police must have seen with their own eyes that the person was doing something wrong. If a police officer pulled you over while you were obeying the speed limit, not swerving all over the lanes and obeying all traffic laws, you may be able to say that the police officer didn’t have reasonable suspicion to stop you.

Medical Conditions

There are some medical conditions that can make people appear drunk when they really aren’t. Neurological conditions, for example, can cause a person to have slurred speech, which can be confused for drunkenness. People with diabetes may have ketosis, which can produce the effect of an alcohol smell.

Failure to Follow Rules About Sobriety Tests

When police administer sobriety tests to drivers they suspect are drunk, they must follow a set of rules. If they fail to follow proper procedures, the entire case could get thrown out. For example, if the police officer didn’t instruct a person to keep his or her hands to the side during a one-leg stand, the test isn’t considered admissible.

Failure to Issue Miranda Warnings

After a person has been officially arrested for driving under the influence of alcohol, he or she must be made aware of his or her Miranda rights. Police are required to tell the defendant that he or she has the right to remain silent, the right to an attorney, the right to a court-appointed attorney if destitute and that statement made hereafter may be used against him or her. If a police officer doesn’t inform a defendant about his or her Miranda rights, any evidence gathered afterward will be thrown out.

Improper Testing of Blood Alcohol Samples

Once a police officer has gotten a blood alcohol sample from a suspected drunk driver, he or she must schedule a blood-alcohol analysis by a licensed phlebotomist as soon as possible. If the police officer waits too long to submit the blood alcohol sample or the technician isn’t properly trained, the results can get thrown out.

If you are charged with a DUI, schedule a consultation with and experienced criminal defense lawyer Rockville, MD trusts so that you can discuss your options. Having a reputable attorney on your side may improve your chances of getting a favorable outcome on your case. Many criminal attorneys offer initial free consultations, so there’s no risk to speaking to one.



Thank you to our friends and contributors at The Law Office of Daniel J. Wright for their insight into criminal defense and DUI charges.