Many people who are pulled over and asked to perform a Breathalyzer test are measured to be over the legal limit. This means that they were measured as having a blood alcohol concentration (BAC) of 0.08% or higher. While this will almost certainly result in an arrest, this does not mean that the defendant is guilty of a DUI, because they have the right to defend themselves.
If you have found yourself in this situation, you have a unique opportunity in front of you: the opportunity to defend yourself. In order to do this successfully, it is important that you make yourself aware of the defense options at your disposal so that you can begin the journey of crafting your defense strategy. The following are the most common forms of drunk driving defenses.
Arguing that an improper stop was made
Arguing that an improper stop was made is one of the most common forms of defense. If you can show that the police officer that made the arrest lacked probable cause, you will also be able to have all charges dismissed.
Arguing that you were involuntarily intoxicated
Let’s say, for example, that you went to a bar and ordered a non-alcoholic beer. If the bar served you an alcoholic beer by mistake and you did not notice, you will have driven home not believing that you had any alcohol in your system. When you are pulled over and measure over the limit, you may be able to defend yourself by successfully proving that you were involuntarily intoxicated.
Arguing that your Breathalyzer test was inaccurate
Breathalyzer tests are notoriously inaccurate. Therefore, it may be possible to contest the accuracy of your test. You may have noticed that it produced widely varying results or that it was not calibrated, for example.
If you have been recently arrested on DUI charges in Philadelphia, it is important that you defend yourself to avoid potential jail time.
