There are countless reasons why a police officer might suspect you of a driving under the influence (DUI) infraction. Alabama police officers tend to scrutinize everyone involved in a collision, as well as those who drive in an unusual manner.
Those who swerve all over the road or who maneuver in unpredictable manners, as well as those who drive well under the speed limit with no explanation, could face scrutiny from law enforcement officers concerned about their impairment.
After a police officer arrests you and the state charges you with a DUI, you have the option of going to court to defend yourself. What are some of the most common and successful strategies employed by those facing DUI charges?
Challenge the traffic stop
A police officer needs to have a reason to initiate a traffic stop. They have to present a clear explanation for why they pulled you over. Especially if they didn’t initially suspect impairment, they need a justification like the failure to use a turn signal or an issue with your vehicle. If you can show that the traffic stop was inappropriate, the prosecutor may not be able to use the evidence gathered during the stop.
Challenge the accuracy of the breath test
Some people discover that there is a spotty record of maintenance for the breath test device used during their arrest. Gaps and maintenance and calibration records can help you raise a reasonable doubt about the accuracy of the test results. Other people may push back against the concept of breath testing entirely, as there is plenty of documentation of false positives and inaccurate readings. Breaks in the chain of custody for chemical evidence and long waits for testing can also contribute to your defense.
Present a medical explanation
Issues ranging from the very common diagnosis of type 2 diabetes to the very rare condition of auto-brewery syndrome could compromise the accuracy of a breath test. If you have a medical condition or a prescription medication that may have impacted the accuracy of the test, that could play a role in your defense.
There are two other viable defenses that people sometimes use in court. If you didn’t know the drink had alcohol in it or if someone spiked a drink with a drug, you could raise a defense of involuntary intoxication. You might also be able to prove that you didn’t drive the vehicle and didn’t intend to, either. Evaluating your case for possible defense strategies can help you fight back against Alabama DUI charges.