David B. Zirlen

Defense Lawyer / Personal Injury Lawyer

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How can you defend against OUI charges?

| Apr 8, 2021 | Drunk Driving Charges

Defending against OUI charges can feel like an impossible task. If the arresting officer believed you were driving while intoxicated, proving otherwise can be a major challenge. There are other defenses to overcoming OUI charges, however.

There are several successful defenses to OUI charges, which an experienced personal injury attorney can help you explore and pursue. The defenses your attorney can find can help you successfully defend your rights and freedom; these proven strategies include:

No probable cause

In order for police officers to be able to pull you over, they need to have sufficient reason or probable cause. This reason can include broken taillights, swerving while driving, or other suspicious activity. However, if officers pull you over without probable cause, a court may dismiss any resulting evidence or charges that came from that traffic stop.

Field sobriety test errors

Officers commonly used field sobriety tests to help determine whether or not you may be driving under the influence. Despite how common it is for an officer to use these tests, they have a shockingly low accuracy rate. Additionally, if the arresting officer did not properly conduct the test, any test results may be insufficient. Your attorney can help prove that any sobriety tests are inadmissible by reviewing the footage of the arrest.

Faulty testing equipment

Breathalyzers are more accurate methods of determining intoxication at a traffic stop, but they are not 100% accurate. Old or defective equipment may not yield accurate results, but those results can still be a threat to you and the future. An attorney can help see to it that they refilled the equipment that officers used during your arrest to find any grounds for dismissing the evidence from them.

Medical errors

Certain bodily conditions can result in false positives in a breathalyzer test. Diets with little to no carbohydrates can result in false positives in breath and urine tests, and even acid reflux can cause a false positive. Proving these medical circumstances resulted in a false positive it’s difficult, but your attorney can help you do it.

Do not give up

If you are facing OUI charges, do not make the mistake of immediately pleading guilty. Talk to an experienced criminal defense attorney to discuss how they can help you build your case and pursue the best possible outcome in your case.