Being pulled over for a DUI in Phoenix can be a very scary time. Many people think it’s over after such an event happens but there is hope and knowing how to beat a DUI can save you. The following DUI defense strategies are for informational purposes only and are in no way meant to be construed as legal advice. DUI cases are very intricate and only an experienced DUI attorney can advise you on how to handle your situation. With that said there are several DUI Defense strategies your attorney may use to assist you. Here is a brief overview of a few of them…
DUI Defense Strategies
Medical issues: Medical issues can be blamed for a high reading on a breathalyzer test. Issues such as Gastroesophageal Reflux Disease (GERD), acid reflux, and heartburn can fool the machine into thinking that you are more intoxicated than you really are. These conditions can cause alcohol to travel from the stomach, back into the mouth and the throat. When this occurs, you are actually blowing mouth alcohol, rather than what should be from alveolar air. When you have any of these conditions, you could have a .05 level, but the machine can read .20.
Failure to read Miranda Rights: When you are taken into custody and questioned on a DUI charge, the police are required to read you your Miranda Rights. If the officers fail to do so, or obtain a valid waiver, anything that you said or did after you were taken into custody can possibly be excluded from evidence.
Weaving within your lane: If an officer states that you were weaving within your lane, touching the yellow lane separating line or the breakdown lane, they do not have justification to pull you over for drunk driving. Unless an experienced officer sees you weaving out of your lane, the officer should never have pulled you over. The courts will dismiss the traffic stop, and your DUI charge will likely be dismissed.
Alcohol on your breath: Often times an officer will mention in court that they smelled a strong odor of alcohol on your breath. What you may not know is that alcohol has no odor. It is the flavoring and mixing agents which have an odor. For example, a bottle of non-alcoholic beer has the same odor and taste as alcoholic beer.
No probable cause: If the officer had no probable cause to pull you over, there is a chance that your case will be dismissed. Depending upon the conditions of your case if there was no probable cause, you may be entitled to a suppression hearing. At this hearing, the judge will determine is the officer had probable cause for an arrest. If the judge finds there was no probable cause the case could be dismissed.
Innocent explanations for bad driving: Often times, there are innocent reasons to your poor driving, and it is not always due to drunk driving. If you swerved out of your lane, it could be due to the fact that you were looking at your phone, looking at your children in the backseat, or looking at your GPS.
Signs of fatigue: When you get pulled over, and have bloodshot or watery eyes, an officer might immediately believe that you are drunk. These signs can simply be signs of fatigue, and are not always a reason for a DUI arrest.
A DUI can be very costly for years after your arrest. Because of this, it is important to know there are ways to beat a DUI and the right DUI defense strategies can help you. It’s best to hire an experienced DUI attorney that understands the intricacies of DUI law to handle your case.