What Type Of Defense Is There Against DUI Charges?

When charged with driving under the influence of alcohol, you should consult with an experienced Indiana DUI lawyer right away to make sure that your best interests are protected throughout the entire process. Read on to learn about the different defenses that can be used against DUI charges.

Physical Evidence

Physical evidence can be used to prove that you were driving under the influence, but it can also be used to show that you weren’t driving under the influence. For that matter, physical evidence includes blood alcohol content (BAC) tests and breathalyzer results, field sobriety test results, photos of your car taken at an accident scene or after being pulled over by police, and video recordings of yourself taken by a police officer during an arrest.

Discrepancies In Breathalyzer Readings

You may have heard that breathalyzer readings are not always accurate, but it’s not as simple as saying “Breathalyzers are wrong.” Instead, many factors can affect a breathalyzer reading and cause it to be different from your blood alcohol content (BAC).

For example, the temperature of the air inside the machine can affect how quickly alcohol leaves your system. This means that if you were tested in hot weather after consuming alcohol, then your BAC would be higher than if you had been tested in cooler weather without drinking anything else.

Evidence That You Were Under The Influence Of Other Elements

If the police officer suspects that you were under the influence of some elements other than alcohol, then he or she may administer field sobriety tests. The police officer may also ask you to submit to a breathalyzer test. If your blood alcohol content is lower than 0.08%, but higher than 0.00%, then this is called “per se” DUI law in some states (not all).

Evidence That You Drive In A State Without The Needed License

If you were driving in a state where you did not have a license, then your license may have been suspended. You may also have been driving a car that was registered to someone else, or even an uninsured vehicle. This can be used as evidence against DUI charges because it shows that you were aware of the fact that there was no valid reason for you to be behind the wheel of such an automobile.

Evidence That You Were Treated Poorly During Arrest

Lastly, if you have been arrested and charged with DUI, it is important to remember that the burden of proof lies with the prosecution. They must prove beyond a reasonable doubt that you were driving under the influence. This can be difficult if they do not have any evidence or even eyewitnesses who saw you driving drunk.