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DUI Defenses in West Virginia

When the prosecutor relies on the arresting police officer’s testimony about a DUI suspect’s driving, a good defense would be to argue that there are many different explanations for these driving behaviors that have no relevance with being alcohol-impaired.

When an officer testifies about certain behaviors during the driver’s arrest, defenses to these observations can be lack of sleep, allergies, contact lenses, stress, medications, digestion, nervousness, physical impairments and more.

When the driver is convicted through field sobriety tests, defenses to the sobriety tests can also be medications, lack of sleep, physical impairments, and more. The driver’s defense attorney may also cross-examine the arresting officer as to whether the officer asked the driver if he had physical impairments or there were particular circumstances that would have made it difficult to perform the tests. In addition, there are a number of factors that have an effect on how well someone does on the field tests, including weather conditions, medical conditions, obesity, lighting conditions, types of shoes and more.

If the driver is convicted by failing the breathalyzer, a defense could be that the devices can be faulty and not well-maintained or properly calibrated. They can register false results based on consumption of certain good and other non-harmful substances other than alcohol or drugs. It is prudent and advisable to always get the calibration records of the device. In addition, it is always a good idea to see the name brand of the machine to find out the common problems associated with the device. Most alcohol experts say that there should be a 15 minutes wait period before administering the breathalyzer to avoid having false high reading that are associated with mouth alcohol.

The driver needs to know why he was pulled over. If the driver was driving between 10:00pm and 2:00am, there is a good likelihood that the traffic stop has been fabricated to justify a traffic stop. Most police officers assume late night driving will result in a DUI arrest. If the police office did not have probable cause to pull you over, the case may be thrown out by the judge.

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