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driving may difficult case accidents witnesses driver vehicle drivers quickly admit driving right remain silent probable cause drunk driving case evidence suppressed officer legal cause detain arrest dui cases dui checkpoints present particularly complex issues miranda rights incriminating statements may suppressed miranda warnings given appropriate time implied consent warnings officer advise consequences refusing take chemical gave incorrectly may affect admissibility results license suspension imposed motor vehicle department state influence observations opinions intoxication questioned circumstances field sobriety tests given example subjective predisposed nature officer considers failing drunk driving cases witnesses testify appeared sober blood alcohol content bac exists wide range potential problems blood breath urine testing non specific analysis example breath machines register chemical compounds human breath alcohol breath machines assume ratio converting alcohol breath alcohol blood fact ratio varies widely person person person moment radio frequency interference result inaccurate readings defects analysis brought cross examination expert witness defense hire forensic chemist testing absorptive phase blood breath urine unreliable done actively absorbing alcohol takes minutes hours complete absorption delayed food present stomach drinking road cause inaccurate results retrograde extrapolation refers requirement blood alcohol concentration related back time driving number complex physiological problems involved regulation blood alcohol testing prosecution prove blood breath urine complied state requirements calibration maintenance procedural requirements administration license suspension hearings number issues raised context administrative hearing department motor vehicles finally occurs fraud part police officer related articles advantages hiring drunk driving attorney hire dui attorney case evaluated experienced dui attorney obligation sponsored form 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What Defenses Are There in a DUI Case Free Advice Law Advice Insurance Advice Community Law Advice Free Case Evaluation Ask a Lawyer Q amp A Legal Topics All Legal Topics Accident Law Bankruptcy Law Business Law Criminal Law Employment Labor Law Estate Planning Family Law Financial Law General Practice Government Law Immigration Law Insurance Law Intellectual Property Litigation Malpractice Law Personal Injury Real Estate Law Tax Law Small Claims Admiralty Maritime Aviation Law Criminal Law Topics All Criminal Law Topics Criminal Law BasicsArrests And SearchesDrug CrimesDrunk DrivingState Marijuana Laws Parole ProbationViolent CrimesWhite Collar Crimes Property CrimesJuvenile Law Free Advice Law Advice Criminal Law Drunk Driving Current Page What defenses are there in a drunk driving case Written by FreeAdvice Staff Free Case Evaluation Get a FREE Case Evaluation From An Experienced DUI DWI Attorney There are a number of potential defenses that can be raised in a given drunk driving case Roughly speaking however the majority of drunk driving defenses can be broken down into the following areas He wasn rsquo t driving In this defense intoxication is not enough the prosecution must also prove that the defendant was actually driving This may be difficult if as in the case of accidents there are no witnesses to you being the driver of the vehicle Most drivers quickly admit they were driving although they had the right to remain silent Probable cause In a drunk driving case evidence will be suppressed if the officer did not have legal cause to stop detain and arrest In many DUI cases DUI checkpoints present particularly complex issues Miranda rights Incriminating statements may be suppressed if Miranda warnings were not given at the appropriate time Implied consent warnings If the officer did not advise you of the consequences of refusing to take a chemical test or gave it incorrectly this may affect admissibility of the test results as well as the license suspension imposed by the Motor Vehicle Department in your state Under the influence The officer's observations and opinions as to intoxication can be questioned the circumstances under which the field sobriety tests were given for example or the subjective and predisposed nature of what the officer considers as failing In drunk driving cases witnesses can also testify that you appeared to be sober Blood alcohol content BAC There exists a wide range of potential problems with blood breath or urine testing Non specific analysis for example most breath machines will register many chemical compounds found on the human breath as alcohol And breath machines assume a to ratio in converting alcohol in the breath into alcohol in the blood in fact this ratio varies widely from person to person and within a person from one moment to another Radio frequency interference can result in inaccurate readings These and other defects in analysis can be brought out in cross examination of the state's expert witness and or the defense can hire its own forensic chemist Testing during the absorptive phase The blood breath or urine test will be unreliable if done while you are still actively absorbing alcohol it takes minutes to three hours to complete absorption this can be delayed if food is present in the stomach Thus drinking one for the road can cause inaccurate test results Retrograde extrapolation This refers to the requirement that the blood alcohol concentration be related back in time from the test to the driving Again a number of complex physiological problems are involved here Regulation of blood alcohol testing The prosecution must prove that the blood breath or urine test complied with state requirements as to calibration maintenance and procedural requirements for the administration of the test License suspension hearings A number of issues can be raised in the context of an administrative hearing before the state's department of motor vehicles Finally very unlikely but it occurs fraud on the part of a police officer Related Articles The Advantages of Hiring a Drunk Driving Attorney How to Hire a DUI Attorney Have your case evaluated by an EXPERIENCED DUI ATTORNEY It's free and there is no obligation Sponsored Form Name Current Address Select Your State Alaska Alabama Arkansas Arizona California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana North Carolina North Dakota Nebraska Nevada New Hampshire New Jersey New Mexico New York Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Main Phone Number Alternate Phone optional Email Address Priors Have you received a prior DUI conviction Yes No Problem Briefly describe your problem optional Year What is the current year Used to block spam Click the blue bar and 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