What are Some of the Defenses Against
DUI Charges That Criminal Law Firms Utilize to Get a Not Guilty Verdict?
If you are facing DUI charges then it will be important to appoint a competent criminal law firm to manage your case. A law firm can thoroughly analyze all aspects of your case and find ways which can help you prevent conviction. Let us look at some of the steps a law firm can take in this regard.
Defenses Against DUI Charges
Breathalyzer Readings and Bolus Drinking
For determining level of alcohol in blood while a person was driving or was in care and control of the car, a toxicologist makes use of specific assumptions for calculating backwards from the time reading of blood alcohol level was taken at police station. It is the responsibility of Crown to prove all assumptions that are part of opinion provided by the toxicologist. A situation where criminal law firm can undermine the opinion made by toxicologist arises due to what is known as bolus drinking. Let us look at what it is.
Toxicologist will be assuming that you did not consume alcohol in large quantity just before driving. Such assumption is made because of the fact that human body usually takes time to absorb alcohol and this fact can strengthen your case. Thus, it is possible that level of alcohol in your blood was under legal limit while you were driving in case you consumed alcohol just before driving (as for instance, just 15-20 minutes prior to driving). This concept is called bolus drinking (also known as last drink defence). It will be necessary for Crown to take necessary steps and disprove last drink defence to ensure that opinion of toxicologist remains valid. Moreover, it would be very difficult for toxicologist to determine or calculate the amount that can be considered a significant amount of alcohol for a person.
Thus, your criminal law firm will make efforts to highlight the fact that despite the fact that blood alcohol content (BAC) was higher than required while you were arrested, it is likely that the level was below desired level when you were driving.
Dispute Suspicions That Driver Was Under the Influence
Usually police officers examine driver's behavior and appearance while he or she is pulled over. Some of the facts that police officer would mention in a DUI arrest report would consist of:
- Blood shot eyes
- Smell of alcohol or drugs
- Reduced motor functioning
- Slurred speech
Aim of your criminal law firm will be to highlight the fact that these traits are not necessarily due to drinking of alcohol. Some of the factors which can result in such physical behavior include:
- Certain medical conditions
- Side effects of specific medication
- Utilization of OTC (Over the Counter) personal care products (such as mouthwash)
Thus, a criminal law firm can take necessary steps to prove the fact that it was something else and not alcohol which resulted in signs of intoxication that police officer noticed.
To conclude it can be said that hiring a lawyer is important in DUI cases and help you get a not guilty verdict.