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DUI Defenses

DUI Defenses

Defenses:

Inherent margin of error in breathalyzers

Partition Ratio (2100:1)

Rising BAC

Delay in alcohol absorption (full stomach)

Insufficient evidence of driving

Insufficient evidence of time of driving

Delay in blood testing

Poor blood sample preservation

Inadequate calibration and maintenance of breathalyzer

Inadequate calibration and maintenance of chromatograph (blood test)

False-high BAC results (absorptive phase testing, calibration margins)

Failure to comply with testing regulations (title 17)

Unconstitutional traffic stop

Unconstitutional checkpoint

Unlawful arrest

Radio frequency interference (RFI)

Pre-existing medical conditions (GERD, COPD)

No chemical test results (alleged refusal)