Rise Above the Influence: 5 Creative DUI Defense Strategies
Drunk driving is an all-American scourge. 32 Americans die every day in drunk-driving crashes.
That’s why cops and prosecutors take DUIs so seriously. If you’re caught behind the wheel with a beer in your hand, it’s almost impossible to launch a DUI defense. But you can make a stand if you look at creative DUI defense strategies.
What are some uncommon strategies you can try out? What evidence do you need to bring to the courtroom? When do you need a lawyer?
Answer these questions and you can launch an effective DUI defense for yourself. Here are five defenses you should consider.
- Fruit of the Poisonous Tree
Prosecutors cannot use evidence against you that the police obtained illegally. If they searched your vehicle without a permit and found alcohol, they cannot use that evidence in court.
Police officers must have a legitimate reason to pull your car over. If they conduct an illegal stop, they cannot use any evidence from that stop. Your DUI defense attorney can throw the case out if they prove there was no reason to stop you.
Police officers follow many different rules when they conduct DUI investigations. While they are handling evidence, they must use gloves and proper labels. If they fail to handle the evidence in your case properly, your lawyer can throw that evidence out.
- Rising Blood Alcohol Content
Alcohol takes a few hours to pass through your system. Your blood alcohol concentration (BAC) can spike before falling to normal levels.
You can show that while you were driving, your levels were low, so you were not driving under the influence. After you were pulled over and arrested, your levels rose, causing high BAC readings. You can use field sobriety tests to show you were not intoxicated and blood tests to show your actual BAC levels over time.
- Diabetic Ketones
Ketones are substances that your body creates when your cells do not have enough blood sugar. Ketones can cause symptoms similar to intoxication. They can also turn into alcohol, affecting BAC readings.
You must provide your medical evidence to the court to prove this defense. You should have a look at an attorney who is experienced with ketones. They are difficult to explain, especially if you do not have legal help.
Duress is an affirmative defense. This means that you admit to the DUI charge, but you show circumstances that mean you should not receive DUI penalties.
If someone forced you to drive while threatening your life, you may be excused from penalties. You must show that they issued a death threat or pointed a gun at you while you drove.
The Most Creative DUI Defense Strategies
A DUI defense can mean a few different things. You can call the arrest into question and get your entire case thrown out. You can point out holes in the investigation and BAC evidence.
You can even claim that a pre-existing condition like diabetes led to your case. Affirmative defenses like duress can limit your penalties.
However, you need hard evidence. You must present eyewitness testimonies, field sobriety results, and paperwork with the help of an attorney.
But you shouldn’t just hire a lawyer and forget about your case. Read more DUI defense guides by following our coverage.