DUI Charge
LexInter | April 7, 2022 | 0 Comments

How to Get Out of a DUI Charge

Drunk driving has been outlawed since 1910, but this doesn’t stop people from doing it. People still drink and drive, thinking that they can get home without an unlucky meeting with a cop. This logic caused an average of 2.27% of Americans to get a DUI (Driving under the Influence) – something that can not only cost their license but also their life.

That being said, now that you have a DUI charge on your record, is it possible to get out of it? Can you somehow get it off your record? Well, it depends on many variables, and you will require the help of good DUI lawyers to reduce or dismiss your first DUI charge. So, here are some situations in which you may fight a DUI charge.

1. Blood Alcohol Concentration Was Low

Alcohol Concentration

Low blood alcohol concentration (BAC) means that while you had alcohol on your breath, it was not high enough in your blood when you were doing the actual driving. For example, let’s say that you just had a drink, and you immediately went behind the wheel.

In this case, you can fight the DUI charge because, while the breath analyzer showed something, your blood alcohol concentration was still low. Alcohol takes a bit of time until it reaches a peak level, and breath tests may turn out irrelevant in this case. If the BAC reaches peak levels when you take the test, then it means it hadn’t peaked when you were driving – so, you can use that to get out.

2. You Weren’t Driving

This may seem logical, but you can only be charged with a DUI charge if you were driving. For instance, let’s say that you were in your car, but the car was parked and the engine was not yet running. Technically, you weren’t driving – and according to drunk driving laws, you cannot be charged with a DUI.

It doesn’t matter if you were planning to drive your car in the next couple of minutes, or if you got there just before the officer arrived. If no one saw you driving, or if there’s no proof that you were, then you cannot be charged with drunk driving.

3. The Testing Technician Was Not Certified

Testing Technician

Each state has its own laws when it comes to DUI testing. For example, in Grand Junction, the test may only be taken by a trained professional, in the presence of an officer of the law.

An officer of the law can take the breath test, but in order to make it official, you’d have to take a blood test as well.

If the officer draws blood but they are not certified for this, then they are in violation of the State of Colorado laws. A Grand Junction DUI lawyer can argue that the test was invalid – and even if you were actually drunk, you can get away from the DIU on this technicality.

4. You Are Following A Different Diet

Certain foods can trigger a false-positive test on the breath analyzer. Your stomach processes foods differently when you eat low-carb, high-protein diets (like the ketogenic diet). Conditions such as diabetes may also cause you to lay it low on the sugars and carbs, switching to a high-protein one to make up for the lost source of energy.

In these diets, as your body no longer has access to carbs in order to store energy, it uses protein to produce ketones. When ketone is eliminated through urine and breath, it turns into isopropyl alcohol – which means you are very likely to get a false-positive test. With good proof, you can get yourself out of that situation.

5. You Had Mouth Alcohol

Mouth Alcohol

It is possible to have alcohol in your mouth, but nothing in your blood. For example, you may have used a breath spray, an asthma inhaler, or a tincture that may have caused you to have alcohol in your mouth.

Or perhaps a small amount of food soaked in alcohol got stuck in your dental work. Maybe you burped, and the test mistook gastric reflux as a positive blood alcohol test.

Officers need to observe you for about 10-20 minutes after a positive breath test to rule out mouth alcohol. If they don’t, they’re in violation of the law, and they cannot charge you for DUI. A good DUI lawyer should be able to get you out of this.

The Bottom Line

DUIs are troublesome, but various legal flaws can help get you out of them. Some are fair game, as you didn’t drink, to begin with – and some are simple technicalities. Play your cards right, and you should be able to get it off your record.

If this article has helped you, visit our blog to read more articles written on DUI and DWI.

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Lexinter Law, with a team of dedicated authors who strive to provide you with all the relevant and actionable tips on the legal aspect of your life. Our goal is to educate you so that you can make legal action with ease, or find the right person who can help you with your unique personal legal dilemma. Take care!

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