An arrest for driving under the influence can have a major impact on a person’s life. Not only do you face having a criminal record, but a DUI conviction can jeopardize a person’s ability to work and live in certain areas. Fighting a DUI case can be extremely complicated, which is why many people hire a DUI lawyer to help them fight for their legal rights in court. However some individuals in this situation decide to fight their own case on their behalf. Fortunately, if you do not have the financial resources available, the court will appoint a lawyer for your defense. Or you can call criminal defense lawyer, Jesse K. Sanchez at (317) 743-0771 today. There are a number of defenses that are possible when you try you can make to defend yourself against a DUI conviction, here are a few.
Driving Under the Influence
In most states, a driver could possibly be convicted of a DUI without actually driving the car. In those instances, the only burden of proof is that the driver was “operating” or “in actual physical control” of the vehicle. So, depending on what state you actually reside in, and what state your arrest occurred, being arrested and convicted of a DUI might be possible for just sleeping in a car while drunk.
Probable Cause for a DUI Stop
One of the first ways is “probable cause” for the stop. The police MUST have a reasonable suspicion, or belief that you are engaged in a criminal activity before they can stop you and conduct a DUI investigation. For example, if you driving at 2:05a.m. and committed no traffic violation but were pulled over for simply being on the road after “bar time” any evidence obtained after the stop cannot be used. This include anything you say to the officer, the blood/breath results, and any field sobriety tests. Breath tests that can be faulty, and unreliable can also work in your favor. These test can be subject to the following problems such as improper use by the police, physiological conditions such as gastro re-flux, instrument malfunction, or failure to observe the defendant prior to the test. Breath test do not measure the amount of alcohol in your blood. They measures the amount in your breath and converts that amount to determine the amount of alcohol in your blood. As a result breath testing can be susceptible to a variety of outside influences.
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Inaccurate DUI Field Tests
Field sobriety tests, another way to determine if a person is under the influence, can be inaccurate indicators of impairment. The three test that have actual data to support their trustworthiness are only 65%-77% accurate, and that is only when they are precisely administered and scored, which rarely happens. Innocent explanations can also explain poor performance on an FST. These can include:
- Officer induced intimidation
- Poor lighting
- Bad weather conditions
- Uneven surface conditions
- Poor footwear,
- An un-athletic, uncoordinated driver
Another fact that can work in your favor is that a BAC over .08% does not always mean the driver was operating under the influence. BAC is affected by many factors, not simply the actual amount of alcohol in one’s body. These factors include, but are not limited to errors in:
- Chemical testing equipment
- Errors in obtaining your breath sample
- Medical conditions,
- When you took your last drink.
Were You Driving in the First Place
Surprisingly enough, there is a difference between operating a vehicle while intoxicated and a driving under the influence. One of the most important and obvious burdens an officer must prove is if you were driving in the first place. For example, if you were involved in an accident and no one saw you driving the car, or if the police found you when you were in your “parked” car, it will be more difficult for the prosecutor to prove that you were driving. Police misconduct can also be used to defend yourself even if you were driving under the influence. This is because proper police procedures must be followed. Evidence that was manipulated, ignored, illegally obtained or fabricated will be thrown out leading to dismissal of charges.
Learning How to Fight a DUI Without a Lawyer Can Be Tricky
Fighting a DUI case without a lawyer can be tricky. You can beat a DUI with motions, arguments and objections, but, we certainly strongly suggest that before you learn how to fight a DUI without a lawyer. There are questions you can ask a DUI lawyer that we can answer. Make sure that you pick up the phone and call Indianapolis criminal defense lawyer, Jesse K. Sanchez at (317) 743-0771 today.