5 Helpful Ideas for Creating a Defense Strategy for a Felony DUI

The only thing worse than a DUI is a felony DUI. But if you’re facing serious charges, don’t give in to despair. There’s hope.

In fact, there are several strategies an experienced DUI attorney can use to help you receive a favorable judgment. Here are five helpful ideas for creating a defense strategy for a felony DUI.

1. Challenge the Legality of the Stop

To cause the prosecution’s case to crumble, try attacking its foundation, the traffic stop that led to the arrest. If you prove the stop was illegal, you could get the case dismissed.

The police must have probable cause for stopping your vehicle. For example, the officer could notice your car has a missing brake light, is changing lanes without signaling, or is speeding.

But sometimes, the police stop a car on a mere hunch. Imagine they see you and your buddies exiting a bar in the wee hours of the morning. They may assume you’ve had too much to drink even though you’re driving without any sign of impairment.

If they stopped you under those circumstances, that would be illegal.

2. Challenge How Long It Took to be Tested

Having a few drinks doesn’t immediately mean a driver is over the limit. Much depends on time.

How does this affect a felony DUI case? Suppose the police pull you over but, for whatever reason, don’t conduct a blood test quickly. Maybe an hour or more passes.

You could argue that the test doesn’t reflect your blood-alcohol content at the time the police stopped you. The waiting period gave the alcohol more time to enter your bloodstream. 

3. Challenge a Prescription Drug DUI

During a stop, officers may suspect you’ve misused a prescription drug. A test shows you had in your system a medicine with a known sleep-inducing side effect.

You want to prove that you used the drug correctly, as prescribed. Your attorney will consult with medical experts to testify on your behalf. They will give proof that the amount of the drug found in your system is consistent with the normal dosage.

Your attorney can also attack the drug test the police administered. Was it conducted properly by skilled technicians? Is the test reliable according to independent authorities? 

4. Question the Breathalyzer’s Reliability if You Have Health Issues

Do you have diabetes or acid reflux? A breathalyzer can misread the contents of your breath.

Acid reflux can cause traces of alcohol you safely consumed some time ago to reappear on your breath. It can appear that you’ve recently had a drink when that’s not what happened.

Similarly, diabetes can be the source of a wrong breathalyzer analysis when the machine mistakes your breath’s acetone for alcohol.

You could try to prove that your medical issues prevented the machine from rendering an accurate reading.

5. Question the Maintenance of the Breathalyzer

Like any machine, a breathalyzer needs to be well-maintained. If the breathalyzer lacks calibration, it can deliver faulty readings.

There should be records revealing how frequently the machine receives service. A talented attorney will question how well a police department takes care of its breathalyzers. A spotty maintenance record gives you a strong case for bringing the charges into question.