Potential DUI Defenses

You have some legal options for fighting a DUI charge or minimizing the consequences. In a DUI case, the prosecutor will need to provide evidence that your driving was affected by your level of impairment. An experienced criminal defense lawyer like those at Powers Law Group can challenge the evidence with any of the following legal defenses that can help you minimize the consequences:

• Challenging the traffic stop: If the officer lacked reasonable suspicion to initiate the stop, the evidence gathered may be suppressed. Police officers need to have a valid reason (probable cause) to stop the driver in the vehicle. The stop must not be based on invalid reason such as an anonymous tip that a car is swerving, without the officer observing the swerving. If the evidence is weak on probable cause, the case will be tossed. Before a stop is made, the officer must have a reasonable suspicion that the driver has committed a crime. This means that they must articulate specific facts that lead them to believe the driver is impaired (e.g. alcohol breath, bloodshot red eyes, unable to walk straight, alcohol in the vehicle) before continuing with a DUI protocol.

• Questioning the Accuracy of Sobriety Tests: Field sobriety tests can be influenced by various factors, and their accuracy can be challenged. Field sobriety tests (e.g. walking in a straight line, standing on one leg) are often subjective. There can be certain factors like nervousness, physical limitations or mobility impairment, uneven terrain, or weather that can affect the performance, thus rendering the results unreliable. These tests are performed voluntarily, and the officer should let the driver know that they are voluntary and that the driver can decline to perform these tests. The tests must be administered correctly and following procedure. If the officer fails at following procedures, the test result may be challenged and potentially suppressed. Improper instructions, inconsistencies, or the officer’s failure to account for factors such as physical limitations are all potential DUI defenses.

• Challenging Breathalyzer and Chemical Tests: Breathalyzer and blood test results can be contested due to faulty equipment, improper procedures, or other issues. Breathalyzer machines require regular calibration and maintenance to ensure correct readings. The calibration is logged and dated by WSP. This information is located on their website and can be used for suppressing the breathalyzer in a DUI case. The breathalyzer test must also be administered correctly following proper procedure. A person’s blood alcohol content (BAC) can continue to rise even after they stop drinking. The BAC could be below the legal limit while driving but at the time of the breathalyzer test, the defense might be applicable. RCW 46.61.506 outlines the rules for evidence of BAC tests and the requirement for an officer to observe a driver for 15 minutes to make sure nothing is in the driver’s mouth that would contaminate the breath sample. Certain medical conditions can affect breath test results such as diabetes or acid reflux. If you have a medical condition this could be a possible legal defense. To use this defense, the defendant must present medical evidence or testimony of a medical expert to support his claim. RCW 46.61.506 outlines how blood should be drawn for a blood test. Blood tests can also be susceptible to contamination or improper handling. A criminal defense attorney can investigate the chain of custody and testing procedures to identify any issues.

• Procedural Errors and Rights Violations: The argument that the defendant understood his or her rights at the time of the arrest. In some cases, the defendant does not speak English and needs to have the rights (Implied Consent Warnings or Miranda Rights) translated. The correct dialect should be used for the defendant to understand his or her rights.

There are many potential defenses that can be explored in a DUI case. Call our experienced criminal defense firm at Powers Law Group for a consultation today.