Driving under the influence (DUI) is a serious offense with severe consequences in Louisiana. However, not every DUI case is clear-cut, and there may be lesser-known defenses available to those accused. In this blog post, we will explore some unique and lesser-known DUI defenses that may be applicable in Louisiana, providing valuable insights for those facing charges. It is crucial to consult with an experienced attorney, like the team at Beall & Thies, LLC, to determine the best course of action for your specific case.
1. Inaccurate Breathalyzer Results
One of the most common ways to measure blood alcohol content (BAC) is through a breathalyzer test. However, these tests are not always accurate, and a range of factors can lead to false-positive results. Some potential issues with breathalyzer tests include:
- Improper calibration of the device
- Interference from substances like mouthwash, medication, or even certain foods
- Medical conditions, such as acid reflux or diabetes, that can affect the results
By challenging the accuracy of the breathalyzer test, you may be able to cast doubt on the prosecution's case and potentially have the charges reduced or dismissed. An experienced attorney can help you explore this defense and gather the necessary evidence to support your claim.
2. Unlawful Traffic Stop
Law enforcement officers must have a reasonable suspicion of criminal activity to initiate a traffic stop. If the officer did not have a valid reason to pull you over, any evidence obtained during the stop, including the results of a breathalyzer test, may be inadmissible in court. An attorney can help you determine if the traffic stop was unlawful and potentially have the charges dismissed.
3. Involuntary Intoxication
In some cases, a person may become intoxicated without their knowledge or consent, such as through spiked drinks or being given medication without their knowledge. If you can prove that you were involuntarily intoxicated, you may have a valid defense against DUI charges. This defense can be challenging to prove and requires the expertise of an experienced attorney.
4. Rising Blood Alcohol Defense
Blood alcohol levels can continue to rise for a period of time after consuming alcohol, meaning that your BAC may be higher at the time of the test than it was when you were driving. If you can prove that your BAC was below the legal limit while driving but increased by the time of the test, you may have a valid defense. This defense requires expert testimony and a thorough understanding of BAC science, making it essential to work with an experienced attorney.
5. Inaccurate Field Sobriety Tests
Field sobriety tests, such as the walk-and-turn or one-leg stand, are often used by law enforcement officers to determine if a driver is impaired. However, these tests are not always accurate and can be affected by factors such as:
- Uneven or slippery surfaces
- Weather conditions
- Medical conditions or disabilities
- Nervousness or anxiety
By challenging the accuracy of the field sobriety tests, you may be able to cast doubt on the prosecution's case and potentially have the charges reduced or dismissed.
Unveiling the unknown and exploring lesser-known DUI defenses in Louisiana can be a complex process, but the experienced team at Beall & Thies, LLC is here to help. Our attorneys have a deep understanding of Louisiana's DUI laws and can help you navigate the legal process, ensuring the best possible outcome for your case. Contact us today for a consultation and let us help you uncover the unique defenses available to you.