3 defenses to explore when you face DUI charges

On Behalf of | Apr 10, 2024 | Criminal Defense |

Driving under the influence is a serious offense with potentially severe consequences.

However, there are some potential defenses that individuals facing DUI charges in Kentucky may explore. Of course, these defenses may vary depending on the circumstances of each case.

1. Accuracy of breath test results

Law enforcement often uses breath tests to measure a person’s blood alcohol concentration at the time of a traffic stop. However, these tests are not foolproof. Sometimes, they produce inaccurate readings.

Factors such as improper calibration, operator error and medical conditions can impact their reliability. By questioning the validity of the test and presenting evidence to support doubts about its accuracy, individuals may be able to cast doubt on the prosecution’s case.

2. Lack of probable cause for the traffic stop

Another potential defense strategy involves arguing that there was no probable cause for the traffic stop that led to the DUI arrest. Law enforcement officers must have a reasonable suspicion that drivers violated a traffic law or are engaging in illegal activity before pulling them over.

If the defense can show that the officer lacked probable cause for the stop, any evidence obtained as a result of the stop may be inadmissible. This can weaken the prosecution’s case and may lead to the dismissal of charges.

3. Improper administration of field sobriety tests

Law enforcement officers often use field sobriety tests, such as the walk-and-turn test and the one-leg stand test. The tests can help assess a driver’s coordination, balance and cognitive abilities.

However, these tests are subjective. Factors, including the way in which officers administer them, can skew the results. Others include inadequate instructions, poor testing conditions or the presence of distracting elements.

Also, drivers with certain physical conditions or disabilities may have difficulty performing field sobriety tests even when sober. For example, someone with a back injury or inner ear disorder may struggle with balance-related tasks regardless of their sobriety level.

Exploring these potential defenses and others is important when navigating drunk driving charges.