In Minnesota, driving under the influence is a serious offense and is a prevailing cause of accidents with fatalities. Drivers who are caught driving drunk are prosecuted according to their blood-alcohol content reading. Any reading that is at least 0.08% is enough to convict the driver. A DUI attorney in Mankato, MN introduces defendants to possible DUI defenses.
The Driver Wasn’t Driving
For an officer to arrest a defendant, the individual must be operating the vehicle. Any driver who is not driving the vehicle cannot be arrested for a DUI. Even if the driver is sitting in the driver’s seat with the automobile running, the arrest is unlawful until it is moving.
Faulty Testing Equipment
Fault testing equipment presents inaccurate results and could get a DUI charge dismissed. It is the right of the defendant to have the breathalyzer used to test them evaluated by their attorney. The log for the device must show that it has been serviced according to the current guidelines, and it must operate appropriately.
Medical Conditions That Mimic Intoxication
Diabetes can lead to sudden increases in blood glucose levels if it is unmanaged. The sudden increases can lead to dizziness, incoherence, and the appearance of being intoxicated. An officer cannot arrest a driver just because they look drunk without conducting proper testing. Even after the driver is arrested and tested at the agency, a diabetic patient won’t test positive for intoxication unless they have been drinking.
Alcohol in the Mouth
Conditions such as acid reflux can lead alcohol back to the mouth and cause the driver to fail a breathalyzer test. A defendant could face the same problem if they are tested after using any breath mints that are alcohol-based.
In Minnesota, driving under the influence increases the risk of an accident and could lead to death. The intoxication levels dictate how quickly a driver can react before an accident happens. Breathalyzers and chemical testing are used to determine if the driver is intoxicated. Defendants facing a DUI charge can contact a DUI attorney in Mankato, MN through Blatz Law Office, LTD. right now.
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