DUI (Driving Under Influence) is a crime in Canada. If you have been caught by a police officer for drinking and driving offence, then you have to face severe penalties or heavy fines, if proved guilty. But nothing to worry about as you can beat DUI charges by hiring competent Newmarket criminal lawyers. Your lawyer will find out legal doubts or flaws in the evidence needed to prove you guilty.
Breathalyzer test errors, police errors, auto brewery syndrome, medical conditions, mistake of fact, etc. can be used for fighting a DUI, which can either dismiss the DUI case or reduce charges. That’s why a professional DUI lawyer gets DUI charges dismissed everyday. Let’s now discuss how to beat DUI charges in Ontario.
- Breathalyzer test inaccuracy or errors
DUI breath tests are also known as BAC (Blood Alcohol Concentration) test. But do you know DUI breathalyzers cannot compute BAC directly? Rather, they compute breath alcohol and then multiply it by the ‘partition ratio’ for estimating BAC. Breathalyzers consider ratio of alcohol in discharged breath to alcohol in the blood of 1:2100. But, exact ratios of tested people fall between 1:1300 to 1:3000 based on: body weight, sex, body temperature, hematocrit levels, and breathing patterns.
Many problems can result in false breathalyzer results, including:
- Physical differences among drivers that influence partition ratio.
- Error in the device.
- Inappropriate maintenance, calibration, or usage by police officer.
- Auto-brewery syndrome.
- Auto-brewery syndrome
It’s an exceptional medical condition where production of alcohol takes place in an individual’s digestive system. It means alcohol is generated even without drinking alcohol. This condition is mostly associated with eating high levels of carbohydrates as well as refined foods. Sometimes, it is also caused by the overuse of antibiotics. In the affected individuals, bacteria or yeast in intestinal tract change carbohydrates and sugar into alcohol. Auto-brewery syndrome is not an inborn medical condition, but triggered by short bowel syndrome, Crohn’s disease, and diabetes. If the suspected driver already has this medical condition, then he/she can beat DUI charges.
- No evidence of driving
To proof that you were driving under influence, it’s necessary to proof that you were driving a car. Prosecutors will face a tough time if they don’t have any proof of driving. Like if the police officer caught you in a parked vehicle. Or if no one has seen you driving the car.
- Police report mistakes or misconduct
Misconduct by the police officer can cause dismissal of DUI charges. Even if the police has not properly followed procedures, there will be no penalties despite the fact that you committed DUI offence.
- Mistake of fact
When an individual has a genuine reason to sincerely assume they’re not intoxicated. For example, if the suspected driver believes that the impairment impact of a prescribed medicine was not present.
Final words
That’s our list of top 5 DUI defenses that can help you beat DUI charges in Ontario. The list of DUI defenses is not just limited to these 5 defenses. Several other DUI defenses are also available.
