In Minnesota, there are instances in which a driver isn’t guilty of a DUI. These drivers can seek a defense based on the circumstances that dismiss these charges. Their attorney must acquire substantial evidence to avoid a conviction. The following is a review of DUI defenses with a Criminal Attorney in Rochester MN.
Faulty Breathalyzer Testing
All breathalyzer devices must be tested and evaluated at regular intervals. This lowers the chances of a faulty blood alcohol content reading. The law enforcement agency that conducted the arrest must provide a log for these devices when requested through the court. If the attorney identifies a failure to comply with these regulations, they can have the criminal charges dismissed against the defendant.
Escaping a Threat
A criminal defendant can avoid a conviction if they can prove that they chose to drive based on a fear of bodily harm. If the defendant can show that they were threatened by another individual, they were acting out of fear and were attempting to escape a threat. Clear evidence is indicated through proof of forced entry into their home or through surveillance footage acquired from the driver’s original location.
Mistake of Fact
An arrest that was achieved due to a mistake of fact can lead to a dismissal also. The officer must present probable cause when stopping motorists. The driver must commit a moving violation that indicates intoxication. Patients who are insulin-dependent diabetic can present physical signs of intoxication when their blood glucose levels are too high. This condition presents a mistake of fact and lowers the chances of a conviction.
Inaccurate Chemical Testing
All defendants who are charged with a DUI have the right to retain a separate blood sample for chemical testing. Their attorney acquires this sample for off-site testing. If the two tests don’t match, the charges may be dismissed.
In Minnesota, defendants who face DUI charges can acquire an adequate defense to avoid a conviction. The circumstances in which they were charged could present them with a defense. Defendants facing these charges contact a Criminal Attorney in Rochester MN through the Rolsch Law Offices to schedule an appointment today.