What are the common defenses used in a DUI Case?

January 10, 2024

A DUI conviction can have serious consequences on your life, such as losing your driver’s license, facing fines, and even going to jail. However, being charged with a DUI doesn’t always mean you’re guilty. Several common defenses can be used in DUI cases, and having an experienced Scottsdale DUI lawyer on your side can make all the difference. In this article, we’ll delve into the five most common DUI defenses and how they can help you. So, what are the common defenses used in a DUI Case in Scottdale?

What are the common defenses used in a DUI Case?

Inaccurate or unreliable test results

One of the most common defenses used in DUI cases is to challenge the accuracy or reliability of the test results. Breathalyzer and blood tests are not foolproof and can produce false readings. The device may have been calibrated improperly, or the officer may have not followed the correct procedures. Your Scottsdale DUI lawyer can investigate if the test evidence is inaccurate and challenge its validity.

Medical condition interfered with the test

Another defense used in DUI cases is a medical condition that could have interfered with the test results. Medical conditions such as acid reflux, GERD, or diabetes can affect the accuracy of breathalyzer tests. A Scottsdale DUI lawyer can work with medical professionals to investigate whether a medical issue could have affected your test results.

Improper traffic stop or arrest

Fourth Amendment rights protect you from unreasonable searches and seizures by law enforcement. An officer must have a reasonable suspicion of criminal activity before pulling you over or arresting you. If the officer did not have a valid reason for stopping you or arrest, then your Scottsdale DUI lawyer can challenge the prosecution’s evidence and fight to get the charges dismissed.

No crime was committed

To prove that a defendant is guilty of DUI, the prosecution must show that the defendant was operating a vehicle while impaired. If the defendant was not driving or the car was not in proper operating condition, then the charges may be dismissed. Scottsdale DUI lawyers can investigate all the facts surrounding your case to determine if you were indeed driving or in control of the vehicle.

Civil rights violations

If law enforcement violates your constitutional rights, then your Scottsdale DUI lawyer can suppress evidence obtained through an illegal search or seizure. Additionally, if the officer did not advise you of your Miranda rights, then any self-incriminating statements you made cannot be used against you in court.