Facing a DUI charge in British Columbia can be a daunting experience, with the potential for significant disruption to your life.
The consequences of a conviction are severe and can include hefty fines, lengthy licence suspensions, a criminal record and potential jail time. However, it is important to remember that a DUI charge does not automatically mean a conviction. With the right defence strategies and a skilled lawyer, you can fight the charges and protect your future.
This post will explore some of the most effective defence strategies against DUI charges in BC and explain why hiring a skilled lawyer is your best chance at a favourable outcome.
1. Improper Administration of the Breathalyzer Test
Calibration and Maintenance: The breathalyzer device must be properly calibrated and maintained. If there is evidence that the device was not functioning correctly or was not calibrated according to legal standards, the results may be inadmissible.
Operator Error: The officer administering the test must be properly trained. If the officer did not follow the correct procedures, the results could be challenged.
2. Medical Conditions
Acetone in Breath: Certain medical conditions, such as diabetes or ketosis, can cause acetone to be present in the breath, which can falsely elevate breathalyzer readings.
Gastroesophageal Reflux Disease (GERD): GERD can cause alcohol from the stomach to rise into the mouth, leading to inaccurate breathalyzer results.
3. Mouth Alcohol Contamination
Residual Mouth Alcohol: If you had recently used mouthwash, breath fresheners, or other substances containing alcohol, it could lead to a false high reading on the breathalyzer.
Burping or Belching: Burping or belching before taking the test can bring alcohol from the stomach into the mouth, contaminating the breath sample.
4. Violation of Charter Rights
Right to Counsel: If you were not properly informed of your right to speak with a lawyer, or if you were denied the opportunity to do so, this could be a violation of your Charter rights.
Unreasonable Delay: If there was an unreasonable delay in bringing you before a judge or in administering the breathalyzer test, this could be grounds for a defence.
5. Inaccurate Police Observations
Field Sobriety Tests: The results of field sobriety tests can be subjective and influenced by various factors such as nervousness, fatigue, or physical conditions. Challenging the officer’s observations and the administration of these tests can be a defence.
Officer’s Testimony: Discrepancies or inconsistencies in the arresting officer’s testimony can be used to cast doubt on the prosecution’s case.
6. Chain of Custody Issues
Sample Handling: If there are issues with how the breath or blood samples were handled, stored, or analyzed, it could lead to questions about the integrity of the evidence.
Documentation Errors: Errors or omissions in the documentation related to the collection and analysis of the samples can be used to challenge the evidence.
7. Involuntary Intoxication
Spiked Drinks: If you can prove that your drink was spiked without your knowledge, leading to involuntary intoxication, this could be a defence.
Prescription Medication: If you were unaware that a prescribed medication could impair your ability to drive, this could be argued as a defence.
8. Necessity or Duress
Emergency Situations: If you were driving under the influence due to an emergency situation (e.g., rushing someone to the hospital), this could be argued as a defence of necessity or duress.
9. Lack of Proof of Driving
Actual Physical Control: The prosecution must prove that you were in care and control of the vehicle. If there is doubt about whether you were actually driving or intended to drive, this can be a defence.
10. Witness Testimony
Alibi Witnesses: Witnesses who can testify that you were not driving or was not impaired at the time of the alleged offence can provide a strong defence.
Expert Witnesses: Expert testimony can be used to challenge the reliability of the breathalyzer results, the administration of field sobriety tests, or other aspects of the prosecution’s case.
Each case is unique, and the effectiveness of these defences will depend on the specific facts and circumstances. It’s important to consult with a qualified DUI defence lawyer in British Columbia to explore the best defence strategy for your case.
Why Hiring a Lawyer Can Help
Building a strong defence against a DUI charge requires in-depth knowledge of the law and experience with the legal system.
A skilled DUI lawyer will analyze the details of your case to identify the best defence strategy, gather evidence, negotiate with the prosecution, and represent you in court. They will also work to minimize the potential long-term consequences of a DUI conviction, such as a criminal record and travel restrictions.
Without a lawyer, you risk missing crucial opportunities to defend yourself and could face the maximum penalties.
What to Do if You Are Charged with a DUI
If you are charged with a DUI, it’s crucial to act quickly. Contact a lawyer as soon as possible to discuss your case. It is vital to document everything and avoid discussing your case with anyone except your lawyer.
A DUI charge does not have to ruin your life; with the right defence strategies and a skilled DUI lawyer, you can fight the charges and protect your future.
Don’t wait to contact a lawyer today, it is an investment in your future.
