What Will Criminals Do to Get out of a DUI Charge … And What Can You Do about It?

Driving under the influence poses a threat to anyone on the road, as it can result in injury or death to the driver and others. In Texas alone, it’s estimated that a person is injured every 20 minutes due to drunk driving. According to the National Highway Traffic Safety Administration , DUI accidents kill thousands of people each year.

Many defendants try to escape punishment for a DUI charge and are sometimes successful. The following are some of the most common ways those charged with a DUI try to evade punishment:

Defense attorneys will state that the breathalyzer machines that the police use are faulty or misused. The truth is, breathalyzers are a widely accepted method for determining blood alcohol content.

A police officer has to have some kind of probable cause to stop a driver on the road. In the case of a DUI, an officer will typically pull someone over because they’re swerving, speeding, or driving erratically. If the police can’t establish probable cause, the case (and evidence) could be dismissed. However, if you’ve been injured in an accident, your case is entirely separate from criminal proceedings. You’re entitled to compensation through the civil courts; DUIs are tried through the criminal court.

Defense attorneys may claim that conditions such as acid reflux and heartburn will contaminate testing results. They may additionally allege that certain diet choices, such as a low-carbohydrate diet, may lead to false readings.

In reality, there are few medical conditions that professionals accept as falsely portraying a driver as under the influence of alcohol. Diabetes may cause a false positive if a patient is having a low blood sugar episode, though police officers may ask for blood tests at the station to rule this out. Additionally, a very rare condition known as Auto Brewery Syndrome mimics the effect of intoxication, even if a person has not consumed any alcohol.

Attorneys for the defense will do anything they can to avoid charges for their client, and establishing police misconduct is one of the more common defense strategies. Police officers are required to follow a set of strict rules in the course of an investigation and arrest. Deviating from these rules, even if slightly or by mistake, can lead to a case dismissal.

Defense attorneys can use any of these excuses, but juries usually aren’t sympathetic, especially when there are injured parties involved. Throughout the United States, conviction rates for DUIs range from a low of 65% to a high of 95%. Improper investigative techniques are the main reason for case dismissal.

Remember that criminal proceedings have no bearing on personal injury or wrongful death suits, because all suits of that type must go through the civil courts. Even if a DUI case is dropped, you may still have a case for negligence. Alternatively, a person can face civil punishments in addition to being convicted of criminal charges.

If you’ve been injured at the hands of a drunk driver, you’re entitled to seek compensation for your injuries and emotional suffering. Consult a law firm that has experience with drunk-driving cases. When you contact our office for a risk-free consultation, we’ll review the specifics of your case and let you know how to best proceed. Contact us as soon as possible.

The post What Will Criminals Do to Get out of a DUI Charge … And What Can You Do about It? appeared first on GES Injury Attorneys.