Generic DUI Case Defenses
This is the same list you will see on every website. The reason is because these are the generic defenses that are a potential defense in every case. The following list is a partial list of issues, more common than others, that may apply to your case. If any of these on the list are issues in your case immediately notify your attorney as they may be a viable defense to your DUI case:
- Failure to observe for 15 continuous minutes before taking the breath sample.
- During the 15 minutes before the test you vomited, burped, or belched.
- During the 15 minutes before the test you drank or ate anything or you smoked.
- During the test you had a contaminating substance in your mouth.
- Prior to the test you were on a Strict high protein diet then had carbohydrate consumption.
- You have Diabetes.
- You have Hypoglycemia.
- You have Gastroesophageal reflux disease (GERD).
- You have a hiatal hernia.
- You have irritated bowel syndrome.
- You have acid reflux.
- You have gingivitis.
- You have pockets around teeth, dentures, or bridges.
- You have as asthma.
- You have bronchitis.
- You have emphysema.
- You were recently in contact with paint, lacquer, solvents or dry cleaning fluids.
- Your temperature was elevated.
- You were involved in an accident where the air bags deployed - "Tyndall effect."
- Your test results were more than 0.02 percent apart.
- The officer refused to permit you to take a blood test after your breath test.
- The officer coerced you into a breath test.
- The officer who operated the machine was not certified.
- The officer's radio, or other electronic equipment was on and near the machine.
- The machine shared a power supply with another appliance.
- The breath machines were not inspected at the intervals required.
- Persons who inspected the breath machines were not properly trained and certified.
- Records of breath machine inspections are incomplete.