DUI is a major problem nationwide, causing approximately 10,500 fatal crashes and claiming over 37 lives per day. In fact, alcohol-impaired driving accounts for 32% of all fatal accidents. With nearly 9,700 DUI deaths occurring at night compared to about 3,100 during the day, nighttime driving presents significant risks.
Driving under the influence (DUI) of alcohol or drugs is a serious offense that can lead to heavy fines, license suspension, and even jail time. But just because you are arrested and charged, does not mean you are guaranteed a conviction. Joe Suhre a skilled DUI Lawyer in Cincinnati recommends several legal defenses you can use to fight DUI charges with the help of an experienced DUI defense attorney.
- Poor Testing Procedures
One of the most common defenses against a DUI charge targets flaws in the testing procedures used by police. Field sobriety tests administered roadside and chemical tests done at the station can produce inaccurate results if not conducted properly. An attorney can scrutinize the testing methods used and challenge the validity of test results in court. For example, breathalyzer machines require careful calibration and maintenance to produce reliable blood alcohol content (BAC) readings. Any deviations from proper protocols can make the results questionable.
- No Probable Cause for the Stop
For any DUI stop to be lawful, the officer must have reasonable suspicion that the driver is impaired. Some common excuses police use for pulling vehicles over include swerving within the lane, driving under the speed limit, and failing to use turn signals properly. However, none of these things conclusively indicate DUI on their own. If the reason for the initial stop is weak, an attorney can argue there was no probable cause.
- Illegal Search and Seizure
The Fourth Amendment protects citizens against unreasonable searches and seizures by law enforcement. In DUI cases, this typically becomes an issue when officers order unwarranted sobriety testing or force drivers to submit to blood or breath tests without a warrant. The compelled taking of blood or breath samples constitutes a “search” and must follow warrant requirements or clear exceptions to warrantless searches. Any illegally obtained evidence can be suppressed.
- Violation of Miranda Rights
Upon detainment for DUI, the arresting officer must read you your Miranda rights before any interrogation begins. This advises you of your right to remain silent and right to an attorney. Failure to issue Miranda warnings renders any confessions or statements you made inadmissible in court. This applies to any admissions of drinking or drug use you may have made during questioning.
- Medical Condition Caused Impairment
Some medical conditions like diabetes, neurological disorders, and inner ear disturbances mimic signs of intoxication. A DUI Lawyer can dispute DUI charges by presenting medical evidence showing your impairment resulted from an underlying health issue rather than alcohol or drugs. This may require testimony from physicians familiar with your medical history.
Given the steep penalties of fines, license suspension, and potential jail time, it is critical to mount a strong legal defense against DUI charges. Young men aged 21-24 face the highest risk of DUI fatalities, so they need experienced representation. With drunk driving contributing to over 10,500 fatal crashes and costing $58 billion annually, a conviction can carry life-altering consequences. An adept attorney familiar with DUI laws can often uncover procedural flaws and suppression issues to weaken the prosecution’s case.
For those accused of DUI, the expertise of a skilled defense lawyer offers the best chance at an acquittal or dismissal.