Common Strategies for Challenging a DUI

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Common Strategies for Challenging a DUI

When a person drives under the influence of alcohol or drugs, they may be charged with a DUI. In Michigan, a drunk driver is considered a person with anything at or above a 0.08% blood alcohol content. Further, if drugs such as marijuana, cocaine, and GHB are found in a person’s system, they will be charged with a DUI without a prosecutor having to prove that the driver was impaired. Further, if you refuse a drug or alcohol test, your license will be suspended for one year with the addition of six points to your driving record. When you are charged with a DUI, consequences depend on the number of past DUIs on your record but may include license revocation, imprisonment, community service, and fines. If you were charged with a DUI, consider working with an experienced defense attorney in Clinton Township to challenge the charge. Below are some of the most common strategies for challenging a DUI. 

Inaccurate Breathalyzer Results

A breathalyzer is a device used to test the amount of alcohol in a person’s breath. It measures the blood alcohol content which is a direct representation of how intoxicated somebody is. The technology behind breathalyzers is complex. A breathalyzer functions by blowing air into a chamber, and that air enters an electrolyte cell chamber where the components of alcohol are broken down to create acetic acid. When protons interact with oxygen in the system, water is created as electrons move through a processor to convert the blood alcohol content into an LCD display. Because of how specific this technology is, it is essential that the breathalyzer be calibrated and maintained without malfunction. Further, breathing patterns can occasionally increase a breathalyzer reading. Because of its potential inaccuracies, claiming a breathalyzer complication is a common strategy used to challenge a DUI. 

Invalid Field Sobriety Test Administration

When a police officer believes that a driver is intoxicated, they will likely perform a series of exams known as Field Sobriety Tests. Some might include balancing on one leg, walking in a straight line, and observing vision changes. Though these tests are often accurate, some factors might lead to discrepancies in the results. For example, a disability or high stress levels may make you appear more intoxicated during your tests. Additionally, if the conducting officer is not appropriately qualified to perform certain sobriety tests, they may be invalid. 

Legality of a Traffic Stop

To make a legal traffic stop, there must be probable cause. This means that the officer must have a reason to believe that you are violating a law and support this with evidence. If there is no evidence to support their suspicion, any evidence can be discarded. This can result in the case being dismissed entirely. Exceptions exist, such as legal sobriety checkpoint stops. 

Challenge Your DUI With the Help of an Experienced Defense Attorney in Clinton Township

A DUI charge can negatively impact many aspects of your life. If you believe that your DUI charge was mishandled, consider challenging it today with the help of an experienced criminal defense attorney. The lawyers at Lucido & Manzella have the necessary knowledge to review your case and help plan your challenge. To schedule a consultation and meet with an attorney, contact us today. 

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