If you’ve been charged with driving under the influence (DUI), it’s natural to feel overwhelmed. Penalties like fines, license suspension, or jail time may seem inevitable, but a charge doesn’t always mean conviction. Every case has its own set of circumstances, and often, the evidence isn’t as solid as it first appears. Mistakes by law enforcement, flawed tests, or procedural errors can significantly impact your case.
Don’t let a DUI charge disrupt your life without a fight. Our Greensboro, North Carolina DUI defense attorneys at Schlosser & Pritchett Law Firm can challenge the evidence against you. Call today to schedule a consultation.
Lack of Probable Cause for the Traffic Stop
Did the officer have a valid reason to pull you over? One of the strongest defenses in a DUI case is challenging the legality of the initial stop. Law enforcement officers must have reasonable suspicion that you’ve violated traffic laws or committed a crime before pulling you over. For example, they might cite erratic driving, running a red light, or speeding as their reason for stopping your vehicle.
However, if there was no legitimate reason for the stop, your attorney can file a motion to suppress evidence gathered during the stop. Without this evidence—such as results from field sobriety or breathalyzer tests—the prosecution’s case could fall apart.
Issues with Field Sobriety Tests
Officers often use field sobriety tests to assess whether a driver is impaired. These tests include tasks like walking in a straight line, standing on one leg, or following a light with your eyes. While they may seem straightforward, they are far from foolproof.
Many factors can influence the outcome of a field sobriety test, and not all of them are related to alcohol consumption. For example:
- Physical conditions: Injuries, medical conditions, or physical disabilities can make it challenging to perform the tasks.
- Environmental factors: Uneven pavement, poor weather, or inadequate lighting can cause you to fail the test.
- Nerves: The pressure of being stopped by the police can make even the most coordinated person feel unsteady.
A skilled DUI attorney can argue that the results of these tests are unreliable and shouldn’t be used as evidence against you.
Inaccuracies in Breathalyzer or Blood Tests
Chemical tests, such as breathalyzers or blood tests, are a cornerstone of many DUI cases. However, these tests are not infallible.
Common issues with chemical tests include:
- Faulty equipment: Breathalyzers need to be properly maintained and calibrated to provide accurate readings. If the device used in your case was not calibrated according to the manufacturer’s guidelines, the results may be inaccurate.
- Improper administration: Officers must follow specific protocols when conducting a breathalyzer or drawing blood. Failure to adhere to these protocols can compromise the integrity of the results.
- Sample contamination: Blood samples must be stored and handled correctly to prevent contamination. Improper handling can lead to false positives.
Rising Blood Alcohol Content (BAC)
Your blood alcohol content isn’t static—it changes over time. Alcohol takes time to be absorbed into your bloodstream, which means your BAC can continue to rise even after you’ve stopped drinking. This is particularly important in cases where there is a delay between when you were pulled over and when your BAC was tested.
For instance, if you had a drink shortly before getting into your car. At the time of the stop, your BAC might have been below the legal limit, but by the time you were tested, it could have risen above it. This phenomenon, known as ‘rising BAC,’ can create reasonable doubt about whether you were legally impaired while driving.
Speak to Our Seasoned North Carolina Criminal Defense Attorneys
At Schlosser & Pritchett Law Firm, we understand that no two DUI cases are the same. That’s why we take a personalized approach to every defense. Our team will carefully review the evidence in your case, identify weaknesses in the prosecution’s argument, and build a defense that works to protect your rights and your future. Please fill out the online form on our website or send us a message online to connect with Schlosser & Pritchett Law Firm today. For immediate assistance, dial (336) 292-4076.