If you have been arrested for driving under the influence of alcohol, you can fight the charges. Hiring an experienced criminal defense attorney can help you build a legal defense for this charge. In this article, we’ll look at ways to rebut the prosecution’s case, rebut a falsely high BAC result, and other ways to beat the DUI or DWI charge.
Evidence to rebut the prosecution’s case
In the event of a DUI prosecution, chemical analysis of a defendant’s breath, blood, or urine is admissible. This evidence can show whether the defendant was driving under the influence of drugs or alcohol. The prosecution’s case for driving under the influence must be rebutted with convincing evidence of the defendant’s intoxication.
In some cases, a defendant’s defense may involve calling in an expert witness. The expert witness can refute the government’s claims, and may testify to specific medical conditions or signs of impairment.
Rebuttal of a falsely high BAC result
Rebuttal of a falsely high blood alcohol concentration result is a powerful legal defense for an impaired driving case. In North Carolina, law enforcement officers are allowed to administer a breathalyzer test to suspects who are suspected of DWI. The purpose of these tests is to determine a driver’s blood alcohol concentration (BAC). Although breathalyzer tests are generally inaccurate, there are ways to challenge their results and prove they are inaccurate.
For example, the officer who administered the breath test may have been unaware of the motorist’s health problems, which can impact the BAC result. It is important to disclose any pre-existing health conditions to your attorney. Additionally, the test should be conducted under the Click here 15-minute observation rule, which means that the officer who administered it was able to observe you for at least 15 minutes.
Failure to take standardized blood alcohol test
One common defense to an impaired driving charge is a failure to take a standardized blood alcohol test. These tests are designed to determine how intoxicated a person is, but they have some problems. For example, police may not give the right instructions, which can result in a false positive. The prosecutor will try to convince the jury that these tests are reliable. However, a defendant’s lawyer will try to undermine the validity of the test and offer other explanations for a poor performance.
Although refusal to take a breath test is not an absolute defense, it is a good defense to an impaired driving charge. Breathalyzer tests are accurate, but they can be flawed. In Massachusetts, for example, the Breathalyzer test results may be skewed or inaccurate for a variety of reasons. Using a DUI attorney can help you challenge these results in court.
Other ways to defeat a DUI or DWI charge
It’s important to understand all of your rights if you have been arrested for DUI or DWI. While the laws regarding drunk driving are getting tougher each year, there are still ways to fight a charge. You should never plead guilty automatically or agree to take a breathalyzer test unless the arresting officer requests one. Instead, get the information related to your arrest reviewed by a DUI attorney. A skilled defense attorney can find weak spots in the arrest information that will help you beat your case.
One of the best ways to defeat a DUI charge is to remember the details of the arrest, including the names of the arresting officers and any witnesses. You should also write down any field tests that you may have taken. Note down anything that seems off about the test. Additionally, you should write down everything you ate or drank in the twelve hours prior to your arrest and any prescription medications you may have taken in that time.