December 7, 2010 | Defenses

Here are some more common defenses to a charge of DUI:

Breath/blood ratio (2100:1) not proven to be your ratio; show how minor error gets multiplied 2100 times; 0.12 = 17/10,000,000th of an ounce.

Show you have abnormally low blood/breath conversion ratio through testing and expert.

Inherent sampling variability or margin of error (e.g., 0.081 reading – state acknowledges +/- 0.03% precision problem).

You have blowing pattern irregularity.

You have been on strict high protein diet and then introduce carbohydrates, thereby triggering auto-generated alcohol production when ketones are converted to isopropyl alcohol (or the “auto-brewery” syndrome).

You have diabetes, are borderline diabetic or are hypoglycemic and consume alcohol in any amount, causing conversion of high acetone levels into isopropyl alcohol.

Officer gives ALS warnings, but then goes too far by threatening dire consequences for which there is no factual basis or misstates consequences regarding possible license suspension.

State fails to prove that results were obtained within the three hour statutorily imposed time (three hours after driving ended).

You can prove sufficient alcohol was consumed during driving, after driving ended, or before police arrived.

Officer gets fired, injured, indicted, retires, goes on military leave, cannot be produced in court, or moves away.

Need Professional Help With Your DUI arrest in or near Columbus, Ohio?

Then Contact Suhre & Associates for your FREE Consultation using the contact form to the left or call our 24 hour Emergency Number at (614) 827-2000. Your attorney must be familiar with the procedures utilized in administering the breath test as well as the procedures used to maintain and calibrate the testing equipment. At Suhre & Associates, our attorneys are familiar with the law and procedures used to calibrate the breath testing machines as well as the procedure used in administering the test to a suspect.