Top Five DUI Defenses
Alcohol is a factor in about a third of the fatal vehicle collisions in Virginia. To reduce the number of these accidents, DUI laws have become progressively tougher since the 1990s.
Virginia’s per se law is a good example. Previously, a positive Breathalyzer test was only evidence of intoxication. Today, a BAC level of .08 or above (.04 for commercial drivers and .0001 for underage drivers) is proof of intoxication as a matter of law. This change drastically increased the conviction rate in these cases.
DUI enforcement has stepped up as well. Sobriety checkpoints, which are a mainstay in Virginia especially around Memorial Day and certain other holidays, are a good example. But that’s the subject of a different blog.
This post focuses on the legal defenses to DUI charges. Despite the aforementioned legal changes, a Leesburg criminal defense lawyer still has multiple options in these cases. DUI defenses reduce, or eliminate, the harsh direct and indirect consequences of these convictions.
Illegal Traffic Stop
Before police officers detain motorists on suspicion of DUI, they must have reasonable suspicion, at least in most cases.
Reasonable suspicion is basically an evidence-based hunch. A minor traffic violation, such as failing to maintain a single lane, is a good example. The infraction is the evidence, as long as it occurs within the officer’s view or a reliable informant tips off an officer. If the officer suspects that the driver cannot properly control the vehicle, possibly due to alcohol consumption, that’s the hunch.
Illegal DUI Investigation
Basically the same rules apply to “step out of the car, please” DUI investigations. Once again, officers must have an evidence-based hunch before they issue such an order. Possible evidence includes:
- Bloodshot eyes,
- Unsteady balance,
- Slurred speech,
- Slow reflexes, and
- Odor of alcohol.
Individually, these bits of evidence mean little. For example, an odor of alcohol only proves that the driver was around someone who was drinking, or that someone in the vehicle was near someone who had been drinking.
However, the proof threshold is very low at this point. So, the whole of this evidence is greater than the sum of the parts.
Faulty Field Sobriety Tests
The standardized field sobriety tests (the DUI eye test, heel-to-toe walk, and one-leg stand) can be unreliable because of:
- Fatigue,
- Anxiety,
- Medical conditions,
- Poor lighting/weather,
- Uneven pavement, or
- Improper officer instructions
These non-alcohol factors are much more meaningful at this stage because the burden of proof is higher. In court, the field sobriety tests usually establish probable cause for a Breathalyzer test. Prosecutors must establish that alcohol consumption, and not something else, substantially caused the suspect to fail the tests.
Fatigue may be the most effective argument a Leesburg criminal defense lawyer can make, especially if the officer forced the defendant to recite the ABCs or perform other unapproved tests. By the end of the test battery, the defendant is physically and mentally fatigued. Since fatigue and intoxication have almost identical physical and mental effects, it’s very difficult for prosecutors to distinguish one from the other.
Breathalyzer Inaccuracies
A Breathalyzer, like any other gadget, is not 100 percent accurate. These devices often produce false or inflated readings due to:
- Improper calibration,
- Maintenance failures,
- Mouth alcohol contamination,
- GERD/acid reflux, and
- Operator error.
Prosecutors must overcome these defenses and prove guilt beyond any reasonable doubt. If a reasonable doubt exists, the defendant is not guilty as a matter of law.
Blood Test Errors
Blood test evidence is much more reliable than breath test evidence. However, blood test results often have legal issues of their own.
Lack of a search warrant is a good example. The Supreme Court has clearly held that officers must have search warrants to extract blood samples. A search warrant is a written document based on a probable cause affidavit that authorizes a narrowly-tailored action. Shortcuts aren’t allowed.
Count on a Dedicated Loudoun County Lawyer
Many criminal charges don’t hold up in court. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. We routinely handle matters throughout Northern Virginia and Maryland.
