Is it possible to get out of a DUI charge?
It may be possible to get out a DUI charge, but you’ll never know unless you have a lawyer look into it. We can do our own investigation in your case and there are a lot of ins and outs in DUI law, things that you would have never have any idea could actually affect the outcome of your case. So, until you investigate it, you’ll never know, but if you investigate it, yes. You can look at my case results and see how many DUIs people have gotten out of.
What are Some of the Best DUI Defenses?
Every case is unique, and there are many specific factors that will determine what defense strategy will be most effective to help get you out of your DUI charge. Here are just a few of the potential defenses that might possibly apply to your drunk driving case:
No Probable Cause for an Arrest
The law enforcement officer needs to have reasonable suspicion that a crime is being committed to pull you over and conduct an investigation for DUI in the first place. Reasonable suspicion could mean observing various traffic violations, such as speeding, weaving wildly back-and-forth between lanes, or driving the wrong way down a one-way road. The officer might also pull you over for an issue with your vehicle, such as a broken taillight or expired license tabs.
The officer cannot pull you over simply because you are driving at “bar closing” time if there is nothing wrong with the way you were driving. Without a sufficient cause for a lawful traffic stop, it may be possible to have any evidence obtained as a result of the stop suppressed at trial. This means the prosecution would not be able to use it against you, which would likely result in your case being dismissed or your charges being reduced.
Unreliable or Inaccurate Field Sobriety Test (FST)
Field sobriety tests (FSTs) are physical tests administered by law enforcement officers during a DUI stop to help determine if a motorist is legally intoxicated. The most common FST’s are following an object with your eyes (horizontal gaze), one leg stands, and the walk and turn test. There are a lot of problems with FST’s. For example, they are often administered under less than ideal conditions, such as uneven pavement or poorly lit roads. Sometimes, the driver does not have the proper footwear for these types of tests, and of course, not all drivers are young, healthy, and perfectly coordinated.
These factors can greatly increase the likelihood that an FST is unreliable. But perhaps the biggest flaw in these tests is that there is no reasonable expectation that they will be fairly administered. The officer already suspects that you are intoxicated, so naturally, they will want the results of the FSTs to confirm their findings.
Inaccurate Preliminary Breath Test (PBT)
Another test that is often administered during the DUI stop is a preliminary breathalyzer test (PBT). This is not the same as the chemical test that is given later at the police station or hospital after a DUI arrest. Results of the PBT can be skewed for a number of reasons:
- Instrument Malfunction
- Improperly Administered by the Police
- Higher alcohol reading because the defendant suffers from heartburn, acid reflux disease, or a similar physiological condition.
“Rising Blood Alcohol” Defense
Alcohol takes time to absorb into your system, typically between 45 minutes and three hours. So, even if the chemical test that is administered at the police station shows a blood alcohol concentration (BAC) of higher than .08, this does not necessarily mean you would have registered a .08 or higher reading at the time you were pulled over for DUI. This is known as the “rising blood alcohol” defense.
Unreliable/Inaccurate Chemical Test Results
There could be other problems with the chemical (blood, breath, or urine) test that is administered after you are arrested for DUI. These may include equipment malfunction, improper handling by the police, and many others. If the chemical test results are shown to be unreliable, it may be possible to have them excluded as evidence or at the very least, the accuracy of the test results could be challenged.
You were Not Driving the Vehicle
In order for there to be a valid charge of driving under the influence (DUI), the police must show that you were actually driving the vehicle. Maybe you were found sleeping in the passenger seat of a parked car, or maybe you got into the driver’s seat and had the keys in the ignition but never started the car. With these types of cases, it will be far more difficult for the prosecution to prove that you drove the car.
Charged for DUI in Kentucky? Contact an Experienced Criminal Defense Attorney
Being charged for drunk driving does not necessarily mean you will be convicted. You might be able to get out of your DUI charge, or at the very least, you might be able to get your charge reduced to something far less serious. The best way to find out where you stand is to speak with a skilled and knowledgeable DUI defense lawyer.
If you are in Louisville or anywhere in Central Kentucky, contact Ron Aslam Law Office at 502.581.1676 or message us online to schedule a discreet and confidential consultation. We will meet with you to thoroughly assess your case and advise you of your legal rights and options, so you can make the most informed decision on how you wish to proceed.