Top 5 Defenses Against DUI Charges in Rhode Island
Posted in General on August 1, 2024
Facing DUI charges can be daunting, but knowing the effective defenses available can help in challenging these charges. Here are the top five defenses against DUI charges in Rhode Island, which may be instrumental in achieving a favorable outcome.
Challenging the Stop and Arrest
Lack of Probable Cause
One of the primary defenses is to challenge the legality of the traffic stop. In Rhode Island, police must have probable cause to pull over a vehicle. If the stop was made without valid reasons, any evidence collected during the stop might be inadmissible in court.
Illegal Search and Seizure
If the police conducted an illegal search of your vehicle or seized evidence without a warrant or probable cause, this could be challenged. Any evidence obtained through illegal means may be suppressed.
Contesting Field Sobriety Tests
Test Accuracy
Field sobriety tests (FSTs) are subjective and can be influenced by various factors unrelated to impairment. Factors such as poor weather conditions, uneven ground, or physical disabilities can affect test performance. An experienced attorney can argue that the FSTs were not conducted properly or were influenced by external factors.
Officer Training and Experience
The reliability of FSTs can also be questioned based on the officer’s training and experience. If the officer conducting the tests was not properly trained or did not follow standard procedures, the validity of the test results can be challenged.
Disputing Breathalyzer and Blood Test Results
Calibration and Maintenance
Breathalyzer machines require regular calibration and maintenance to ensure accuracy. If there are issues with the machine’s calibration or if maintenance records are missing or incorrect, the results may be challenged.
Test Administration Errors
Errors in administering breathalyzer or blood tests can affect the results. Issues such as improper handling of the test samples, contamination, or failure to follow proper procedures can be used to dispute the test results.
Rising BAC Defense
In some cases, your BAC may have been below the legal limit when you were driving, but rose above the limit by the time of testing. This is known as the “rising BAC” defense and can be used to argue that you were not impaired while driving.
Questioning the Officer’s Conduct
Officer Bias and Conduct
An officer’s conduct during the traffic stop and arrest can be scrutinized. If the officer displayed bias or acted improperly, this could impact the legitimacy of the DUI charges. An attorney can review the officer’s conduct to identify any potential issues.
Compliance with Procedures
Officers are required to follow specific procedures during DUI investigations. If there were deviations from these procedures, such as failing to inform you of your rights or not following proper protocols, it could affect the case.
Medical and Environmental Factors
Medical Conditions
Certain medical conditions can mimic the signs of intoxication or affect the results of sobriety tests. For example, conditions such as diabetes, neurological disorders, or inner ear problems can influence test performance. Medical records and expert testimony can be used to support this defense.
Environmental Factors
Environmental factors, such as exposure to substances that can be mistaken for alcohol or drugs, can also be a defense. For instance, certain medications or substances found in the environment might affect breathalyzer results or field sobriety tests.
Conclusion
Defending against DUI charges requires a thorough understanding of the legal and procedural aspects involved. By challenging the legality of the stop, disputing test results, questioning officer conduct, and considering medical or environmental factors, you can build a strong defense. Consulting with a knowledgeable DUI defense attorney from the Law Offices of Stefanie A. Murphy can provide you with the expertise needed to effectively challenge DUI charges and work towards a favorable outcome.
