Much of the evidence police typically use against DUI defendants is based on behavioral or physical characteristics associated with drunkenness. However, these characteristics all have a variety of alternative causes other than drunkenness.
If a police officer is bringing a DUI charge against you with any of these examples of DUI evidence, you can use the defense suggestions that follow to convince a judge that you were not intoxicated at the time of your arrest:
The smell of alcohol on the defendant's breath or in the car
The smell of a person's breath is usually considered a clear indicator that he or she has been drinking. However, it's important to note that alcohol itself is odorless.
If someone tells you they smell alcohol on your breath, they're really smelling the particular beverage you drank. Interestingly, some non-alcoholic drinks tend to smell the same as alcoholic drinks.
A police officer may claim to smell "alcohol" on your breath even though you've only been drinking non-alcoholic beer all night. If a police officer uses the smell of your breath against you, question the officer on exactly what he or she smelled.
You've got an especially good defense if you have witnesses who can back you up when you claim that you were having non-alcoholic drinks that night.
Jitters or fumbling
Jitters or fumbling at the time you are pulled over may make you look intoxicated. However, everyone tends to get nervous when they're pulled over. Even those who have done nothing wrong often fumble with their wallet or documents when presenting their license and registration.
Nervousness at the time of your arrest could even have been so severe that it impacted your ability to pass a field sobriety test. If you've got a history of nerves or a nervous disorder, you're especially likely to overturn evidence that you were lacking coordination when you were arrested.
Having an argumentative attitude
Being pulled over is almost always a drawn-out, time-consuming affair. It is therefore always trying on a driver's patience.
If you lost your temper when you were arrested, the officer might claim that it is because you were under the influence. However, you can apologize for losing your temper and argue that you were simply frustrated with being pulled over and having to follow all of the police officer's orders.
Having trouble understanding questioning
Officers will frequently present an inability to understand questioning as a clear indication that you were very intoxicated.
However, you have a ready defense against this evidence if English is not your first language. You may also have had trouble understanding because of background noise or because you're not from the area and couldn't understand the officer's accent. For more information, consider contacting a professional like Wood Patricia K Atty.