All drivers know that they should not get behind the wheel when they are under the influence of alcohol. However, many drivers who consider themselves to be responsible get behind the wheel after one or two light beers, convinced that they are within the legal driving limit. But when they are pulled over by law enforcement officials and asked to perform a Breathalyzer test, they may be shocked by the result.
When a Breathalyzer test indicates that you are over the legal blood alcohol concentration (BAC) of 0.08%, this will undoubtedly lead to your arrest, but you still have the right to defend yourself and seek to have the charges dropped. The following are some of the top defenses to consider after a DUI charge.
Improper stop by police
Law enforcement officials cannot pull over a driver for no reason at all. They must follow the proper protocol and only pull over a driver if they have a reasonable suspicion of criminal activity. Therefore, if you believe that the police pulled you over for an arbitrary reason or a discriminatory reason such as your race, you may be able to defend yourself by arguing this.
If you suffer from a medical condition such as acid reflux or diabetes, the Breathalyzer test may indicate that you have more alcohol in your blood than you have. This is because the test analyses your breath and uses this to estimate your BAC. Therefore, showing that your medical condition influenced the results could be a successful way to defend yourself.
Faulty Breathalyzer test
Breathalyzer tests are notoriously inaccurate. They are known to produce widely varying results and often produce false-positive results. If you were asked to perform the Breathalyzer test multiple times and got dramatically differing results, you may be able to successfully defend yourself by raising this point.
Being charged with a DUI can have far-reaching consequences for your everyday life. It is important that you take action to successfully defend yourself in South Dakota.