There are many ways you and your lawyer can fight a charge for driving under the influence (DUI). Some people feel that once they are arrested for DUI, then there is nothing that can be done. However, that is not true. If you have been arrested and charged, the best course of action is for you to hire a skilled lawyer. Your lawyer will challenge the charge and identify legal flaws in the procedures that were used. Listed below are possible DUI defenses.
Breathalyzer Tests are Inaccurate
Breathalyzers can be tricky devices. These devices do not measure the blood alcohol content (BAC) level directly, they measure the content of alcohol in your breath. Breathalyzes need to be tested and calibrated on a regular basis. If that is not done, then their findings can be challenged. A person’s sex, weight, breathing patterns, and even body temperature are also factors. How the police officer used the device can also be questioned if there is any evidence that it was used incorrectly.
No Probable Cause
There has to be probable cause for the police officer to stop you and test you, such as erratic driving, swerving, or speeding. Without any of these findings, then there is no probable cause. Any evidence found during an illegal stop can be excluded from trial.
Inaccurate Blood Test
There are several ways that blood tests can be inaccurate. Over time, the BAC level will increase while the blood sample is waiting for testing. If the right amount of preservative is not added to the blood sample, if it has not been refrigerated properly, then fermentation could take place in the blood, creating a higher BAC level.
Diet or Diabetic Status Affected Breathalyzer
People who eat a low carbohydrate diet can trigger ketosis. Ketosis is a normal metabolic process triggered in your body when it does not have enough carbohydrates from food for your cells to burn for energy. Without sufficient carbohydrates, your body will burn fat cells instead and produce ketones. This is also a condition that affects many people who have diabetes because they do not have enough insulin in their system. When ketones leave a person’s body when they breathe, it can register as alcohol on a breathalyzer test, skewing the results.
Our DUI Attorneys in South Jersey Help Clients Fight Unwarranted DUI Charges
If you have a DUI charge, you should get legal representation right away. Our South Jersey DUI Lawyers at The Law Offices of Christopher St. John can help you create a strong defense. Call us at 856-296-3481 or contact us online to schedule an initial consultation. Located in Haddonfield, New Jersey, we serve clients throughout South Jersey, including Burlington County, Camden County, Gloucester County, and Salem County.
Christopher St. John
Tess Berkowitz