Non-Intoxication DUI Defenses

Driving Under the Influence (DUI) charges typically allege that a driver operated a vehicle while impaired by alcohol or drugs. However, not all DUI cases center on intoxication. In some instances, drivers are charged with DUI even when no alcohol or controlled substances are involved. These cases call for non-intoxication DUI defenses, which challenge the prosecution’s evidence by showing that impairment did not occur, that symptoms had another cause, or that procedural or factual errors invalidate the charge.

Some non-intoxication defenses focus on the “driving” element of a DUI. Other non-intoxication DUI defenses focus on challenging assumptions of impairment and highlighting alternative explanations for behavior or test results. By emphasizing medical, procedural, or evidentiary flaws, a skilled Leesburg criminal defense attorney can raise reasonable doubt and potentially secure dismissal or reduction of DUI charges, even in the absence of intoxication.

Not Driving the Vehicle

Virginia law broadly defines “driving” as “operating” a vehicle, which is basically sitting in the car with the keys. In fact, a defendant could literally be passed out behind the wheel, and DUI charges could still hold up in court.

A credible witness must testify that the defendant was operating the vehicle while intoxicated. In a DUI-collision case, a witness may be unable to “wheel” the defendant.

Additionally, the Commonwealth must prove, beyond a reasonable doubt, that the vehicle had gas in the tank and was otherwise in drivable condition. Usually, police officers don’t look at gauges and dials when they make DUI arrests. As a result, a Leesburg criminal defense lawyer may be able to get the matter thrown out of court due to a lack of evidence.

Medical Conditions Mimicking Impairment

Certain medical conditions can create symptoms that resemble intoxication, such as slurred speech, unsteady movements, or confusion.

For instance, diabetes can cause low blood sugar (hypoglycemia), leading to dizziness, sweating, and disorientation. Similarly, neurological disorders like multiple sclerosis, epilepsy, or Parkinson’s disease may affect balance and coordination. Even fatigue, dehydration, or side effects from prescription medications can produce signs mistaken for impairment.

If nothing else, a medical condition is often a contributing cause of intoxication symptoms. That designation may be enough to win the case or at least get a favorable plea bargain sentence.

Inaccurate Field Sobriety Tests

Police officers often rely on field sobriety tests (FSTs), such as the walk-and-turn, one-leg stand, or horizontal gaze nystagmus, to assess impairment. However, these tests are subjective and prone to error.

Environmental factors (uneven pavement, poor lighting, bad weather), physical limitations, nervousness, or inappropriate footwear can all cause a sober driver to fail. A Leesburg criminal defense lawyer may argue that the officer did not properly administer or interpret the tests, or that the conditions made accurate assessment impossible. Video evidence from body or dash cameras can support this argument by showing inconsistencies between the officer’s report and the actual performance.

Improper Chemical Testing or Equipment Malfunction

If a driver was tested for drugs or alcohol and the result was positive despite no intoxication, the defense may challenge the accuracy of the testing device or process.

Breathalyzers, for example, must be regularly calibrated and maintained to ensure reliability. Residual mouth alcohol, certain medical conditions (like acid reflux), or even dietary factors can trigger false readings. For blood or urine tests, improper storage, contamination, or chain-of-custody errors can render results unreliable.

Reach Out to a Hard-Working Loudoun County DUI Defense Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. The sooner you reach out to us, the sooner we start working for you.

Source:

law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-270/