London DUI Lawyer
Driving while intoxicated or while under the influence of an illegal substance is a serious criminal offense in Kentucky, where those who are convicted face significant fines, the loss of their driver’s license, and even jail time. Fortunately, those who find themselves charged with a DUI do have the right to defend themselves, so if you have been accused of driving while under the influence of drugs or alcohol, you should consider reaching out to an experienced London DUI attorney for help.
Test Results and Police Officer Opinion
In Kentucky, there are two main ways to be charged with a DUI. The first is when a driver is found to be operating a vehicle with a blood or breath alcohol content of .08 or higher. However, even if a person doesn’t fail a breath test, he or she can still be charged with what is commonly referred to as an opinion DUI. In these cases, a person can be convicted of driving under the influence if the arresting officer testifies that, based on the defendant’s behavior and the officer’s training and personal experience, the driver was impaired. Fortunately, there are a number of defenses that can be raised on a driver’s behalf to help them avoid being wrongfully convicted of a DUI.
Potential DUI Defenses
Every DUI case is unique, so the type of defense strategy that will be most effective for a defendant will vary depending on the circumstances of the case. There are, however, a few general arguments that can be used to help a defendant avoid wrongful conviction. For instance, to justify detaining a driver, law enforcement officers must have reasonable suspicion that a crime is being committed. This means that an officer must observe a traffic violation, or see a problem with a vehicle, such as expired tags, before he or she can pull someone over and initiate a DUI investigation. If there was no sufficient cause for a lawful traffic stop, it could be possible to have any evidence obtained as a result of that stop suppressed. Other potential defenses include:
- The unreliability or inaccuracy of the field sobriety tests administered by the officer due to the driver’s age or ill health, or poor road or weather conditions;
- Inaccurate preliminary breath test results, which could be skewed due to instrument malfunction, improper administration, or a higher reading due to a driver’s medical condition;
- The rising blood alcohol defense, which is based on the argument that alcohol takes between 45 minutes and three hours to absorb into a person’s system, so a chemical test conducted two hours after an arrest may not be indicative of the actual reading at the time of arrest; and
- Unreliable or inaccurate chemical test results resulting from equipment malfunction or improper handling of the results by the police.
For help determining whether any of these defenses could apply in your own case, please reach out to our office today.
Call the London Dedicated DUI Lawyers at Cessna & George Law Firm
Being charged with drunk driving doesn’t mean that you will be convicted. In fact, you may be able to have your charges reduced or even dismissed. To learn more, please call Cessna & George Law Firm today.
