Drunk driving is a serious offence, but there can be a great number of extenuating circumstances that could help you go free. If you have the right DUI lawyer, he or she will know the proper questions to ask in order to secure you a not guilty verdict, or at least help you to get off with lesser charges and a lighter sentence. Here are some of the situations and laws that apply in Ottawa that may have been overlooked by the police and/or prosecutor:

  • Proof that you were driving – If there is no evidence that you were actually driving your car at the time of an accident, or if the police found you in the vehicle while it was parked, then there is no proof that you were operating your vehicle while under the influence.
  • Police had no probable cause – Even if there is proof that you were driving, Ottawa law indicates that officers have to have a reason to pull you over in the first place. If you were not breaking any laws or driving badly, then you should not have been stopped at all, let alone subjected to field sobriety tests or alcohol content tests.
  • Proper procedures were not followed – Ottawa police must handle each situation in a certain manner, and if they did not, then it may be a case of police misconduct.
  • Breathalyzer error – Testing is not always totally accurate. There is an error rate that can make results up to 0.02 percent higher or lower than your blood alcohol content actually is. Therefore, if your test shows BAC of anywhere between 0.08 and 0.10, you may be able to contest it, as you may have actually been below the legal limit in Ottawa.
  • Imbalance between behavior and BAC – If your BAC registers high, but you do not seem to be at that level of impairment, there could have been an error in the equipment or the testing process. Therefore, the BAC may have been incorrect.
  • Inaccuracy of field sobriety tests – Field sobriety tests are not reliable in determining a person’s level of impairment. Many outside factors may affect your ability to pass these tests, besides alcohol and drugs. Anything from improper shoes to natural clumsiness may make you appear more impaired than you actually are. Other issues may include rain, darkness, non-level ground, nerves, and more.
  • Problems with blood tests – Several things can go wrong with a blood test. It may become contaminated or it could be tainted if it has been stored incorrectly. There is also the possibility of the blood becoming fermented before levels are tested. In Ottawa, there is a chance that your attorney could have this evidence thrown out.
  • Radio frequency interference – Just about any kind of electronic device, even those used in Breathalyzer and blood tests, may be affected by radio frequency or electromagnetic field interference. This can cause the test results to be inaccurate
  • Alcohol in your mouth – Although a Breathalyzer is supposed to test your alcohol content based on your breath, it can be affected by alcohol that is in your mouth. This may be an issue if you have just recently finished a drink, if alcohol has become stuck in your teeth or dentures, if you have a medical condition such as acid or gastroesophogeal reflux, or if you have recently burped or vomited.
  • Your diet or a medical issue – A medical condition like diabetes, or a diet like the Atkins diet can both make your body produce ketones that then turn into isopropyl alcohol. This alcohol can make a Breathalyzer register a much higher rate.
  • BAC raised before testing – If you drink and then drive right away, then your BAC may not be as high as it is by the time you are tested. Your BAC will continue to rise for a while after your last drink, so the test may not accurately determine your actual BAC at the time you were driving.