3 Defense Strategies To Discuss With Your Drunk Driving Lawyer

When arrested for driving under the influence, the first thing on your mind might be how fast your drunk driving lawyer handles your case. Of course, no one wants to stay in jail, especially under wrongful accusations. However, your drunk driving attorney can only prove your innocence with the right evidence. Therefore, think about possible defenses that will help you beat those charges.

Find below some of the defense strategies to discuss with your DUI lawyer.

1. You Got Pulled Over Without Probable Cause

The law requires every officer to have legal justification for traffic stops and arrests. DUI arrests are no different. Therefore, discuss with your DUI lawyer the circumstances before your arrest that may prove no probable cause.

A probable cause for DUI arrests is when an officer suspects or observes a traffic violation. For instance, determine whether you ran a stop sign before the arrest. If not, figure out with your drunk driving lawyer the evidence that suggests you got arrested under mere speculation.

2. Your Blood Testing Was Not Necessarily Accurate

DUI blood testing doesn't yield foolproof results. Your drunk driving lawyer gets your blood alcohol (BAC) results expunged from evidence if the arrest was unlawfully made. The judge suppresses your BAC results  if proven inaccurate under the following circumstances:

  • Results contamination

  • Improperly stored blood sample

  • Fermented blood sample

Therefore, your drunk driving attorney should find evidence of either contamination, improperly handled blood samples, or fermented blood samples to present in your defense.

3. Your Breath Test Results Were Skewed

You might think you already lost your case once an officer determines a positive breath test. However, these tests don't directly measure your blood alcohol level. Instead, they estimate your blood alcohol concentration from the alcohol detected in your breath.

So, you can discuss with your drunk driving attorney the possibility that your breath test was subject to various errors such as instrument malfunction, environmental factors, or calibration.

In addition, physiological conditions such as hypoglycemia and diabetes can cause inaccurate breath test results. Finally, in some cases, Atkins-style diets also lead to errors in breath testing. Therefore, tell your drunk driving lawyer if you experience any of these conditions.


As much as driving under the influence is wrong because of its fatal effects, no one deserves to stay in jail for a wrongful DUI arrest. An experienced drunk driving lawyer helps prove your innocence with valid evidence. The above defense strategies will come in handy.

For more information, contact a DUI attorney near you. 

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The Right Call: A Law Blog When you are accused of a crime, have to write an important contract, or have a question about a child custody agreement, who do you call? Your lawyer, of course. But how do you know which lawyer is best equipped to represent you? What services might your attorney offer that you are not aware of? Start reading the articles on this website, and you will find the answer to these and other burning questions about general attorneys and their work. While we are not attorneys, we are interested in the law, and we are excited to pass on our knowledge by way of this blog.