Driving under the influence of Intoxicating Liquor or Drugs (DUI) is a serious offense and can lead to a loss of license, mandatory fines, and jail time. In Massachusetts, individuals who contend with a first-offense DUI charge may face fines between $500-$5000, imprisonment for up to two and a half years, and probation for up to two years. Subsequent offenses provide for longer jail sentences and increased fines.
If you have been charged with a DUI, it may feel overwhelming, but it is defensible. There are legal and scientific cases that can be made by experienced and knowledgeable defense attorneys and scientists who can help your case in court.
Let’s review some of the most common defense strategies for DUI cases.
Lack of Probable Cause for the Traffic Stop A lack of probable cause for the traffic stop that initiated your DUI means that a police officer did not have a sufficient legal reason to pull over your vehicle. In short, it means that the law enforcement office did not observe or was not made aware by other motorists of any issues with your driving such as swerving, speeding, unnecessary braking, tailgating, ignoring traffic lights or weaving through traffic.
A driver can not be stopped unless an officer has a reasonable basis to do so. If the judge determines that the police officer who arrested you for DUI lacked probable cause to make the traffic stop in the first place, then the subsequent breath or blood alcohol test may be excluded from evidence. Often, the entire case is dismissed.
Questions of Reliability of the Field Sobriety Test
Field sobriety tests, including the Horizontal Gaze Nystagmus (HGN) Test, One-Leg Stand Test, and the Walk & Turn Test, are not 100% reliable according to the National Highway Traffic Safety Administration (NHTSA). While these tests are standardized they are only partially accurate if the instructions are given exactly the same way every single time.
In general, each of these field sobriety tests are barely 60% accurate and are considered invalid when performed on individuals with disabilities, who are overweight, or the elderly. An experienced DUI attorney can attack these tests and the results with some effectiveness, especially if it is a first offense or the officer did not properly administer the test.
Issues With a Breathalyzer Test In a similar way as the Field Sobriety Test may be called into question, a breathalyzer may also be questioned as unreliable. Variables in human physiology and other factors can call into question the reliability of a breathalyzer alone as an accurate means of judging if an individual is over the legal limit.
Breathalyzer equipment has an inherent 10% margin of error that can give falsely high readings. Other factors that can impact a breathalyzer include body temperature, acid reflux, leftover alcohol in the driver’s mouth, improper calibration of the equipment, and potentially radio frequency interference.
In coordination with a forensic toxicology expert, your legal team can identify breathalyzer issues that may have caused an unusually high reading.
False Flag Symptoms of a DUI
In some cases, a DUI arrest may be caused by false flag circumstances including drowsiness, distracted driving, medications, poor road conditions, mouthwash, sickness or environmental conditions.
Need legal assistance after a DUI arrest? Talk to our team at Patrick Conway Law Offices in Salem, MA.