Expert strategies from an experienced DUI lawyer can provide invaluable hope and direction in fighting DUI charges successfully. A skilled attorney could use HGN (horizontal gaze nystagmus) test results against statements police officers offer as hearsay in court hearings, for instance.
Another defense tactic used by DUI attorneys includes contesting the chain of custody and storage conditions of blood test results, in order to cast reasonable doubt about their reliability. By raising these objections, DUI lawyers can create reasonable doubt about any evidence presented at trial.
1. Involuntary Intoxication
Criminal defense attorneys may use voluntary intoxication as a viable legal argument in certain cases, since most states require criminal defendants to have clear intent when charged with crimes; if someone becomes drunk or high unknowingly, they may not have enough cognizance of what their intent should be for each specific crime they are charged with committing.
Imagine this: when at their house, your friend slips a tablet of GHB into your drink without realizing. Without realizing, you consume the drug which causes acute intoxication including memory loss. Later on, an argument ensues between friends which results in assault charges being laid against you; if it can be proven that your actions were caused by GHB intoxication then your legal case might stand strong against such accusations.
Involuntary intoxication may also provide an effective legal defense in certain other situations. For instance, if you suffer from auto-brewery syndrome – a rare medical condition in which the body produces its own alcohol through endogenous fermentation – this could constitute involuntary intoxication.
An effective involuntary intoxication defense requires expert testimony from an established medical or behavioral health provider. They should be able to show how certain medications and medical conditions mimic the effects of DUI, providing evidence supporting that defendant’s intoxication was voluntary and help demonstrate this defense case.
2. Auto-Brewery Syndrome
Auto-brewery Syndrome, also referred to as gut fermentation syndrome or endogenous ethanol fermentation disorder, is a rare medical condition in which carbohydrates eaten cause the body to produce alcohol itself from ingestion. Saccharomyces cerevisiae yeast typically found in beer production is the culprit behind this phenomenon and used as a dietary supplement; its primary contributor.
Individuals experiencing this condition typically exhibit signs of intoxication, including staggering gait, slurred speech and state of confusion. Unfortunately, individuals may be unaware that they are experiencing these effects, leading them to being falsely arrested for DUI.
Individuals suffering from auto-brewery syndrome usually exhibit high levels of blood or breath ethanol after consuming large quantities of carbohydrates, as well as fluctuating test results of ethanol and its metabolites like ethyl glucuronide and ethyl sulfate. Diagnosing this disorder can be challenging, since symptoms often resemble food allergies or intolerances; often a glucose challenge test must be completed to confirm diagnosis of this syndrome.
Even though this condition has been mentioned several times in the news, it remains relatively obscure and poorly understood. If anyone suspects they have this condition, seeking medical assistance immediately is crucial – once diagnosed, antifungal medication can be prescribed to control symptoms and manage this disorder.
3. Field Sobriety Mistakes
Field sobriety tests are widely employed by law enforcement to detect possible intoxication, with their accuracy dependent on an officer following prescribed protocols correctly. Mistakes made during administration or interpretation can compromise reliability and potentially incriminate an innocent defendant unfairly; luckily a skilled DUI attorney can recognize any such errors to build a strong defense strategy against these accusations.
An experienced lawyer can analyze an officer’s observations to see if they adhere to established protocols, as well as subpoena maintenance and calibration logs to verify the condition of the equipment used to conduct these tests. An expert witness may provide testimony as to how certain medical conditions or environmental factors may influence balance and coordination tests without impairing performance.
An officer’s failure to provide reasonable accommodations for individuals with ADHD can significantly decrease the credibility of FSE results, as can other medical conditions like inner ear issues and spinal injuries that affect an individual’s performance on these tests. When combined with expert testimony, this can further discredit FSE results and weaken prosecution cases against you; potentially even leading to their exclusion from trial altogether.
4. Violation of Constitutional Rights
An arrest for DUI can have lifelong repercussions, so it is crucial that your rights are safeguarded. One way of doing this is analyzing your case to assess if any constitutional violations occurred and filing a motion to suppress evidence that was obtained illegally such as initial traffic stops, field sobriety tests or property searches. If any such evidence is excluded from trial it could even result in your case being dismissed altogether.
An additional constitutional violation can arise from law enforcement using excessive force against people. If you’ve been injured due to police or government official actions, civil litigation under Section 1983 could be appropriate in your situation. The Framers of the Constitution carefully separated and balanced governmental power for safeguarding fundamental rights; unfortunately some governments use that separation and balance against their citizens by violating people’s fundamental rights.
The Framers protected citizens against unlawful search and seizure. A successful defense strategy may rely on various legal arguments such as disputing that your vehicle was unlawfully searched and seized, or challenging that results of your blood alcohol test were arbitrary; expert testimony regarding other medical conditions that mimic symptoms associated with alcohol impairment such as allergies and diabetes could undermine prosecution evidence in your case.
