4 Strategies for Beating the Odds of DUIs Dropped
A simple traffic stop can be stressful for the average person; however, the stress level goes through the roof if you are pulled over by a police officer and you have consumed alcohol or another intoxicating substance prior to getting behind the wheel. If that happens and you are ultimately arrested and charged with driving under the influence, do not assume that your arrest will lead to a conviction. An experienced DUI defense attorney may be able to use one of several common defense strategies to increase the odds of getting a DUI dropped or avoiding a conviction at trial.
Improper Stop
The first thing your DUI defense attorney will likely review is the initial traffic stop that led to your arrest. A law enforcement officer cannot stop a motorist on a “hunch” or without a valid legal reason. In the case of a traffic stop, the officer must have ‘reasonable suspicion,” referring to the belief, based on specific and articulable facts, that criminal activity or a traffic violation may be occurring. Although they are increasingly controversial, pretextual stops remain legal. A pretextual stop is one in which the officer uses a minor traffic violation as the reason to initiate a traffic stop when the officer really suspects that something more serious is going on, such as a motorist driving under the influence. If the initial stop is ultimately declared to be illegal, everything that happened after the stop cannot be used against you in court, meaning your DUI will be dismissed.
Rising Alcohol Level
If you were arrested for DUI, you were undoubtedly asked to submit to a chemical breath test once you arrived at the jail or police station. If your blood alcohol concentration (BAC) is above the legal limit (0.08 percent), the State will use the results of that test as evidence to support the allegation that you were driving under the influence. One potential defense to a higher than allowable BAC level is the “rising alcohol level” defense. This defense focuses on how the human body metabolizes alcohol and may be able to be used to argue that your BAC was considerably lower at the time you were operating the vehicle. If you consumed alcohol shortly before getting behind the wheel and there was a significant gap between the time you operated the vehicle and when the breath test was done, the alcohol you consumed could have continued to metabolize inside your body, causing your BAC level to noticeably increase after you stopped driving.
Challenging the Accuracy of Breath Test Results
While there is substantial scientific data showing the relative accuracy of breath test results, that data is based on the presumption that the machine used to conduct the test is properly calibrated and functioning perfectly, that all proper procedures were followed prior to and during the test, and that the test operator was sufficiently trained and conducted the test correctly. All those assumptions leave lots of room to potentially challenge the accuracy of your breath test results on numerous grounds, including:
- Operator error.
- Failure to calibrate the machine.
- Failing to follow procedures.
- Failing to observe the required waiting period prior to testing.
- Malfunctioning machine.
- Error in reading the test results.
- Medical conditions that impact test results.
Excluding Evidence
If any of your constitutional rights were violated during the traffic stop or DUI investigation that followed, your attorney may be able to get any evidence obtained as a result of that violation excluded from trial. For example, while an officer only needs reasonable suspicion to conduct an initial traffic stop, prolonging the stop beyond the time necessary to address the original reason for the stop without additional reasonable suspicion or probable cause may violate your right against unreasonable search and seizure found in the Fourth Amendment. Consequently, any evidence obtained after that point, including your breath test results, may be excluded and the odds of getting your DUI dismissed increase dramatically.
What Should I Do If I Was Arrested and Charged with DUI in Las Vegas?
If you were arrested and charged with DUI in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.