If you been arrested in Rhode Island for a drunk driving charge, it often seems that all hope is gone. What you may not know is that many Rhode Island drunk driving arrests do not always lead to drunk driving convictions. There are many defenses to drunk driving case. Often a good DUI law can find a problem with your DUI case which may inturn lead to your case being dismissed or reduced to lessor charges. Rhode Island DUI laws require the State to jump though many hoops in order to secure a conviction for operating under the influence charge. Therefore, it is in your best interest to hire a top DUI lawyer.
Defenses to a failed breath test
So you failed the breath test and you think you have no chance to win your case. Not True, many people that have failed a breath test still have their chargers dismissed or reduced to lessor charges when they lawyer is able to properly challenge the breath test admissibility. Here are just a few example of how to get you breath test result suppressed.
- Prove that you did not fully consent to take the breath test.
- Show the police failed to mail you a copy of your breathalyzer results within 72 hours of the test.
- Show the breathalyzer machine has not been tested for accuracy within the previous 30 days of the test.
- Show that the officer who administered the breathalyzer test had not been recertified within the previous 365 days.
- Show that the police officer failed to follow the protocols established by the RI Department of Health.
- Show that you were not informed of an option to take an additional chemical test.
- Show that you were not given a reasonable opportunity to take an additional test or see a doctor of your choosing.
- Show you were not afforded an opportunity to make a private phone call before taking the breath test.
- Show the police failed to change the mouth piece between two tests.
- The state must prove that the the person taking the test had a complete breath test which must consist of two (2) valid breath samples.
- Show that the police failed to observe the defendant for a minimum of fifteen (15) minutes.
- The prosecutor must prove the two (2) test results were within + or – 0.020 of each other.
- In certain cases, the prosecutor must show that the defendant was afforded a timely release from the police station.
- Show your blood alcohol content is "rising" and may have been under the limit at the time you where stopped.
Furthermore, breath machines are subject to corruption. Even maintained and calibrated breath devices may give inadequate readings if the driver burps, regurgitates, or vomits prior to testing.
Other Defenses in DUI cases.
Weather you failed a breath test or not the follows examples can often leas to a case being dismissed or a reduction in the charges.
- Did the police officer have a reason justification for the traffic stop?
- Did the police officer have probable cause to arrest the defendant?
- Did the police officer read you your rights for use at the scene?
- Did the police officer read your rights for use at the station?
- Did the police officer administer the SFST properly?
- Did the police actually see the defendant driving or was the stop based on a 911 phone call?
The are just a few of the many examples that can lead a defendant that is charged with a Rhode Island DUI, winning their case.