Driving under the influence (DUI) is a crime that carries serious consequences in the event of a conviction. What is worse, most people believe that there are few options for defense if charged with a DUI. As with all other crimes, however, prosecutors are required to prove the charges beyond a reasonable doubt and there are, in fact, several ways to defend yourself if charged with a DUI.
Challenging the Arrest
The Fourth Amendment protects against unlawful searches and seizures and requires that any arrest be based upon probable cause that a crime has occurred. If a police officer lacks probable cause to arrest someone, then the arrest is improper.
An officer may lack probable cause to arrest a driver for DUI in situations where he or she stops a driver at random or because of the driver's race or ethnicity. In situations such as these, it may be possible to challenge the propriety of the arrest.
Challenging the Breathalyzer
Drinking and driving is not strictly prohibited. In Florida and all other states, a driver must have a blood alcohol concentration (BAC) of .08 or higher. After a driver is arrested for DUI, an officer will administer a test - usually by Breathalyzer - that measures his BAC. As recent cases in Ohio and Pennsylvania demonstrate, Breathalyzers are subject to malfunctions like any other machine and are even subject to manipulation by authorities. A test indicating that a driver had a BAC over .08 percent is not necessarily determinative and may be challenged upon scientific or procedural grounds, depending on the circumstances.
Contact an Experienced DUI Attorney
No matter what the circumstances, if you or someone you love has been charged with DUI, contact an experienced DUI attorney as soon as possible. A knowledgeable DUI lawyer can assess your case and help you defend your rights. For more information, contact an attorney today.