Defense Against DUI Charges—Part Two
CALL/TXT CRIMINAL DEFENSE ATTORNEY JAKE GUNTER (801) 373-6345. LET HIS 20 YEARS’ EXPERIENCE WORK FOR YOU
Last time we began talking about possible defenses for DWI and DUI charges in Utah. We mentioned that the prosecution’s cases must establish that you were driving and that your driving was impaired by alcohol, drugs, or both. We explained that you may have possible defenses relating to driving and to the arrest. Today we’ll finish our discussion by talking about a couple more defenses you may have in your case.
Defenses Relating to the Officer’s Testimony
Oftentimes, the arresting officer’s testimony of your behavior during and prior to the stop and arrest are a significant part of the evidence against you. For example, if the officer observes and testifies that you were driving erratically or you performed poorly in field sobriety tests, these can be strong indications to the court that you were driving drunk. However, if you can validly challenge the officer’s observations and present evidence to this effect, you may be able to put a hole in the prosecution’s case. Here are some ways you can challenge the officer’s testimony:
- Introduce witnesses who saw things differently. If other people observed your behavior around the time of the stop and arrest, you introduce them as witnesses. They may be able to say that, for example, you were not drinking before you got in the car, you appeared sober, or your driving was caused by a distraction, not because you were drunk.
- Offer valid explanations for your appearance and behavior. You may be able to counter the officer’s conclusion by offering valid explanations. For example, if you have a physical impairment or the instructions were confusing, causing you to do poorly on the field sobriety tests. Your eyes are bloodshot and your speech was slurred due to lack of sleep or medications you are taking.
Defenses Relating to BAC Tests
Police officers will often administer chemical tests to measure the blood alcohol content (BAC) in your breath, blood, urine, or saliva. These results are usually a big part of the prosecution’s case against you. However, if you can successfully challenge the accuracy of these tests, the results may not be admissible in your trial. Here are some of the common errors typically found with chemical BAC tests.
- Failure to provide necessary warnings or information. If you refuse to take the chemical tests, your license can be automatically suspended. However, if the arresting officer failed to advise you of this consequence, the evidence may be thrown out.
- Error in administration of the chemical test. There are legal requirements as to how chemical tests must be administered and how the machines should be maintained. If you can prove that the officer or technician did not comply with these requirements, you may be able to get the tests thrown out of the trial.
- Challenging the accuracy of the test results. Although, this requires technical and often scientific expertise to prove, there are a wide variety of factors that can affect chemical tests, making the results inaccurate. Including:
- o Consumption of food or medication. Certain types of food or non-impairing medications consumed within a certain period of time prior to the test may result in a false reading.
- o Testing during the absorption phase. It takes anywhere from 45 minutes to three hours for alcohol to become absorbed into your body. This means that you may not have been impaired while you were driving, but if the test was administered an hour after you were pulled over, your BAC could have risen during that interim.
CALL/TXT CRIMINAL DEFENSE ATTORNEY JAKE GUNTER (801) 373-6345. LET HIS 20 YEARS’ EXPERIENCE WORK FOR YOU. HE HAS DONE THOUSANDS OF DUIs IN HIS 20 YEARS IN THE COURTROOM
