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How to Fight a DUI

How to Fight a DUI

Posted By Posted By Parks & Braxton, PA || 20-Aug-2013

Facing a DUI is never easy. In fact, any type of criminal allegation can leave you feeling overwhelmed, frustrated, and scared. If you were arrested for driving under the influence of alcohol or drugs, you don't have to face this challenge alone. A skilled Miami DUI defense attorney from Parks & Braxton, PA can help you escape an avoidable conviction so you can move on with your life. Below, you will find some common, yet effective ways to combat a DUI in Florida. For more information, or to see how the legal team at Parks & Braxton, PA can help your case, contact our office and schedule a free, no-obligation evaluation of your case.

The "Rising BAC" Defense

The term "rising BAC" refers to the period of time between a drink and its physical effects on your body. Alcohol influences everyone differently. While one person could be intoxicated after two beverages, another may not be drunk after consuming a significant number of alcoholic beverages. Additionally, you may not be intoxicated immediately after consuming the alcohol, even if it is enough hinder you driving ability. Generally speaking, it takes some time for your bloodstream to absorb the alcohol. During this time, you may not be "under the influence." According to the rising BAC defense theory, you could consume enough alcohol to become drunk, but be safe to drive a vehicle for a short amount of time.

Field Sobriety Tests

You might think that field sobriety tests can only be used against you. While sobriety testing is commonly used to convict drivers of DUI, a skilled DUI defense lawyer can refute such claims. According to the National Highway Traffic Safety Administration (NHTSA), field sobriety testing is used by police officers to determine whether or not an individual is under the influence of alcohol or drugs. However, field sobriety tests are only an indirect measurement of intoxication. In other words, a clumsy or nervous person could fail the test, even if he / she were sober.

Factors that can affect sobriety testing:

  • Medication
  • Balance, coordination
  • Exhaustion
  • Nervous disorders

Breathalyzer Tests

Like field sobriety tests, chemical tests (such as breath testing) are used by law enforcement to demonstrate that a driver is under the influence of alcohol. According to research, breathalyzer testing isn't always indicative of a person's BAC, though. Even mouthwash can leave trace amounts of alcohol on your breath, resulting in a false BAC reading. Like field sobriety testing, breathalyzer tests are not a direct measurement of your BAC; they measure the amount of alcohol in your breath instead. If you were arrested because of an inaccurate breathalyzer test, a DUI defense lawyer can help you keep your criminal record clean.

The following elements can lead a faulty breathalyzer test:

  • Strong medications (such as seizure medication)
  • Dietary restrictions
  • The amount of food in your digestive system
  • Mouth wash
  • Acid reflux (heartburn)

Technicality Defense

Unlike most DUI defense techniques, the technicality strategy does not actually combat the DUI evidence held against you; it questions the lawfulness of your arrest. Did law enforcement have a good reason to pull you over? Did the arresting officer conduct a legal DUI investigation? A police officer cannot begin a DUI investigation (field sobriety tests, chemical tests, interrogations, etc.) without a good reason to believe that you are under the influence of drugs or alcohol. If law enforcement officers did not have probable cause (reasonable suspicion) to conduct an arrest, the evidence held against you may be inadmissible in court.

Contact Parks & Braxton, PA to Learn More

If you or a loved one was arrested for driving under the influence of alcohol or drugs, the criminal defense team at Parks & Braxton, PA can help you obtain the case outcome that you need. Call our office today at (305) 928-1791 to see what our topnotch Miami criminal defense attorneys can do for your case.

For additional information about drunk driving defense, visit our DUI page.

Categories: DUI