Driving under the influence (DUI) is a severe crime. The influence can be due to alcohol or drugs. To prove the case of a DUI, officials observe and scrutinize the standard functionalities of the body. The ability to hear, walk, make judgments, talk fluently, is evaluated. Such activities help the police officer to determine the mental functionality of the person. Apart from these, several examinations are carried out to full-proof the case, and it depends on various factors such as:
- The frequency of alcohol or drugs consumed.
- The type of influence (alcohol, drugs).
- Timing of the consumption.
- If any food or water was consumed for dilution of the influence.
- Basic demographics of the person.
- Age and weight of the person.
These elements determine the case of a DUI, and a DUI defense lawyer will also agree that additional factors mentioned below also contribute heavily;
- The pattern of driving by the person.
- Statements by the driver confessing the consumption of a drug or alcohol.
- A strong odour of alcoholic beverage in the breath of the person.
- Any open cans or bottles of liquor or evidence of drugs in the car.
DUI defense lawyers study the case thoroughly and can come up with many defenses supporting their clients. An experienced attorney will know what type of evidence the prosecutor needs to pass the convict. For a consultation of any legal implications, try Cohen Winters Practice Areas for precise guidance.
- Improper calibration of the breath analyzer device, coupled with the improper following of the procedure for the testing
The DUI defense attorney will ask for all the calibration history and the maintenance records of the medical device. He will see if the device is up to date, and any small flaw or malfunction in this equipment can nullify the whole case.
- Blood Alcohol Concentration (BAC) Levels
Several diseases trigger high BAC levels. Therefore, high blood alcohol content cannot be only attributed to the consumption of alcohol. Medical conditions, such as auto-brewery syndrome or gut-fermentation syndrome, and gastroesophageal reflux disease, among others, are proved to show blood alcohol content to be as high as 70% to 80%. Therefore, in such circumstances, the reliability of this test gets hindered. Submitting a doctor’s certificate that the person suffers from any of such disorders can help in fully lowering the severity of the case.
- Police Officer Lacking Probable Cause
Sometimes, the police officer can halt a person based on their driving skills and gut feeling. It can turn to be wrong if the driver is in an emergency or is undergoing time issues. Some corrupt police officers can forcefully start an argument and then point out to be the drivers’ fault. Therefore, regulations mention that the police officer has to submit in writing all the observations and the evidence for the traffic halt. An efficient DUI attorney can quickly point out any discrepancy by reading the draft.
- Field Sobriety Tests: Reliable or Not?
FST test can be one of the deciding factors but should not be the whole and sole factor in determining the mental condition of the driver. A person can be clumsy and fail in these tests due to various reasons, and not just because of the influence.
If you get cited for DUI, you must go for expert counselling to a knowledgeable law firm immediately.DUI has serious implications, and therefore it is ideal to drive sober and clean.
