Over 65 Years Of Combined Trial Experience

4 common defenses to DUI charges

On Behalf of | Jul 13, 2020 | Drunk Driving |

If you face charges for DUI, you may wonder how you will move forward with a conviction for this crime on your record. You may also worry about the potential of paying a fine, spending time in jail and retaining your driver’s license because of the drunk driving charges. 

The consequences for drinking and driving are serious, but they do not have to permanently impact your finances, career prospects and reputation. There are several defenses to a DUI charge that can help you mitigate the consequences you face. 

1. Rising BAC 

In Louisiana, and in all other states except Utah, it is illegal to drive with a blood alcohol content level at or above 0.08%, states the Governors Highway Safety Administration. Even after you stop drinking, your BAC will continue to increase. If a delay occurred between when law enforcement tested you for DUI, you can argue your BAC had not yet exceeded the legal limit while driving. 

2. Insufficient evidence 

The court may not uphold your DUI case based on objective symptoms of intoxication. These can include having bloodshot or watery eyes because of eye irritations, gait or balance issues because of an injury or drowsiness because of lack of sleep, for example. 

3. A violation of your rights 

If the law enforcement official violates your rights during the DUI arrest, the court cannot use the evidence collected against you. For example, if a law enforcement official pulls you over without reasonable cause or asks you to take a sobriety test without justification, the court may drop your DUI charges. 

4. Issues with the breath test 

The breath tests used during DUI arrests are not always accurate. Many factors can also impact a breath test reading, such as the use of certain medications, taking an antacid, certain medical conditions and even using mouthwash before you get in your car to drive.