It happens even to the most careful, well intentioned people, even those who seldom drink – DUI. And if you’ve had the misfortune to wind up in that situation, you’re probably overcome with anxiety and fear and wondering, “Is there a way to fight my DUI?” There are, in fact, many ways to fight a DUI. You will, however, need an experienced attorney to formulate the most effective strategy for your particular circumstances.

Strategies for Fighting a DUI

These DUI-fighting strategies don’t necessarily mean that you will win, but they are effective, and that’s why good attorneys use them. So when you say to your attorney, “Fight my DUI,” here’s what she may strive to do:

1. PROVE YOU WEREN’T DRIVING

It does happen on occasion that in a DUI situation the wrong person is arrested.

2. PROVE THE OFFICER DIFFERENT HAVE GROUNDS FOR A STOP

A common – and often results-producing – strategy is to prove that the arresting officer didn’t actually have grounds (most often probable cause) to stop you. And this means that proper legal procedures weren’t followed in your detention.

3. CHALLENGE THE CREDIBILITY OF THE EVIDENCE AND/OR OFFICER

If the credibility of the arresting officer or the requisite evidence can be impugned in any way, then you have a good chance of beating your DUI. If, for example, the officer’s dash cam video record shows that you weren’t swerving or breaking traffic laws or did not appear intoxicated, the “fight my DUI” battle may be fairly easy to win.

4. SHOW YOU WEREN’T LEGALLY INTOXICATED BY CHALLENGING TEST RESULTS

This is the most common tactic used to fight a DUI. If your attorney can show that you weren’t legally intoxicated at the time of arrest, then your case will likely be dismissed. Typically, this strategy involves showing that the tests used to determine blood alcohol levels were faulty, inaccurate, or improperly administered.

How DUI Tests Can Go Wrong

There are, in fact, many ways in which the various DUI tests can be inaccurate or simply wrong. In addition, a host of other factors beyond alcohol consumption can contribute to false results. A couple of the main issues here are:

FAULTY/UNRELIABLE BREATH TESTS

Breathalyzer tests are notoriously faulty because they can easily be improperly administered, certain physiological conditions can give false results, and equipment can (and does) malfunction. Breath testing is the most common method used to determine blood alcohol levels, but the problem here is that it doesn’t actually measure alcohol in the blood. Because results can be influenced by many other factors, breath testing often generates erroneous results. A few of these factors are:

• Mouth Alcohol – Breathalyzers are meant to capture a breath sample from deep lung tissue (alveolar air). Problem issues include alcohol-soaked bits of food trapped in dental work, burping or regurgitating during testing, and acid reflux or GERD. So when a breath test merely captures mouth alcohol owing to shallow breaths, which is common, a false reading can result.
• Medical Conditions – Certain medical conditions can contaminate breath-test results. These conditions include Gastroesophageal Reflux Disease (GERD), acid reflux and even simple heartburn. What happens is that these conditions produce a flow of acid that travels to the mouth just prior to or during the breath test, and then the test isn’t accurately measuring deep lung air.
• Diet – Another consideration in the “fight my DUI” strategy is diet. A low-carb, high-protein diet can influence breath-test results by causing the production of isopropyl alcohol.

RISING BLOOD ALCOHOL

Another problem with breath tests is timing. Your body may have still been absorbing the alcohol you consumed when you were pulled over. This means, then, that although the breath test indicated you were over the limit, you may have actually been below the threshold while you were driving. The time lapse between driving and taking the test may prove to be the critical factor to effectively fight your DUI.

Contact an Experienced Attorney

“Is there a way to fight my DUI?” The answer is a resounding, “Yes, there are many possible ways.” But an experienced DUI attorney is the key to victory.  If you’ve been convicted of a DUI, the services of an experienced attorney are almost a necessity. Contact a member of the Trusted Lawyers Network at TrustedLawyers.com for further information on your DUI case.