DUI is an abbreviation for Driving under Influence, which means that driving under the influence of drugs or alcohol. When you are caught by the officer under the influence of alcohol, you can be charged under DUI. While you are caught for driving after intoxication you are tested by a Breathalyzers. If the test proves that you are driving over 80 mg level of alcohol then you can be arrested. These are some possible ways of defend DUI charges.
After alcohol consumption, it takes some time for alcohol to get absorbed in the blood and increase the alcohol level. There are two types of Breathalyzers.
- Small handheld Breathalyzers
- Large Breathalyzer
Small handheld Breathalyzers are used by officers who traffic stop you, which are not sufficient to produce proof in court. Larger Breathalyzers are found in police stations which can produce reliable proof to show in the court. So, you can claim in the court that the alcohol level increased, by the time you were tested in the police station.
If you think that chewing gums, onions, mouthwash, and mint can decrease your level of Blood Alcohol Concentration (BAC), then you are wrong. But two things can fool a Fuel Cell type detectors are:
- Activated Charcoal: if you conceal your mouth with activated charcoal then it can absorb the alcohol fumes and fool detector.
- Oxidizing gases: It can also fool fuel cell type detectors, but they are sometimes unable to fool an infrared absorption detector.
Breathalyzers do not just check the alcohol level in your breath but multiply it by a ratio that depends on your breathing pattern, gender, body weight, etc. So it is easy to challenge the accuracy in the results of the Breathalyzer.
You can claim that you were on medication and it was your medicine which has increased the level of alcohol. You can also claim that you were unaware of the alcohol content of your medicine and show the prescription papers. This can be a good method in defending DUI charges.
You can prove that you have consumed alcohol without knowledge before you were driving. It can be proved by showing some food dishes which contain some quantity of alcohol.
You can claim that you were not driving the vehicle and it was another person who was driving and you changed the seats while driving for a very short time. This can be a bit difficult to prove and you may require expert help.
You can claim that you were driving properly and the officer lacked the cause to stop you. This again requires some expert help because you are directly questioning the authorities.
Sometimes, the Breathalyzer is not properly maintained and calibrated, this can be a loophole to prove you innocent in front of the court.
If you are caught in DUI, you have the right to defense and you can anytime call your lawyer for your defense.