What If You Are Wrongly Accused Of DUI

Have you ever found yourself in a situation where you are accused of driving under the influence (DUI), despite knowing that you were completely sober?

Being falsely accused of DUI can be a nightmare. But you need to stay calm and focused. Various factors can contribute to wrongful DUI accusations, such as faulty breathalyzers, medical conditions, or a simple misunderstanding.

Now, you need to figure out what you can do if you find yourself in such a situation. Being wrongly accused of DUI can severely affect your personal and professional life.

However, you have legal rights to fight these accusations. If you or someone you know is facing false DUI charges in Indianapolis, do not hesitate to contact a skilled DUI lawyer in Indianapolis from the Rathburn Law Firm to protect your rights and defend your case.

Your attorney can challenge the accuracy of the breathalyzer test and investigate whether any other factors may have contributed to the wrongful accusation.

Let’s take a look at the numerous sources of false positives and how to deal with them to protect yourself against wrongful DUI charges.

Common Reasons People Are Wrongly Accused of DUI

Several cases have been reported over the years when people have been wrongfully suspected of driving while intoxicated (DUI).

Here are some of the most prevalent reasons for wrongful DUI charges.

Faulty/Poorly Calibrated Breathalyzers

Law enforcement personnel use breathalyzers to determine a suspect’s blood alcohol concentration. Incorrect breathalyzer readings can result in an improper arrest. Therefore, it’s crucial to understand that breathalyzers aren’t perfect.

Medical Conditions

Some medical illnesses, such as acid reflux, might cause a person to fail a breathalyzer test even if they are not inebriated. The testing officer must consider this and account for any medical issues affecting their results.

Fake Witnesses

False witnesses, unfortunately, can lead to unjust DUI arrests (for instance, if someone called the police on you saying that you were about to drive inebriated). If there is more than one witness, it is critical to remember that all witnesses should tell the same tale, and there should be no differences between statements.

You must obtain legal counsel if you believe you have been wrongfully accused of DUI. A skilled lawyer will assist you in exploring your choices and, ideally, reducing or dismissing your charges entirely.

Medical Conditions May Lead to a False Positive From a Breathalyzer Test

It’s not always because you weren’t diligent or didn’t think twice about drinking after driving. It might be a medical problem causing your false positive. Certain medical illnesses, such as acid reflux and diabetes, can produce particles in the body that are misinterpreted for alcohol during a breathalyzer test.

The following are some of the most prevalent medical disorders that might result in a false positive breathalyzer test result.

Acid Reflux 

Suppose that you have acid reflux or gastroesophageal reflux disease (GERD) and have recently eaten alcohol-containing food (not a drink, or anything remotely enough to get you drunk, mind you). The particles from that meal might travel into your lungs and produce a false positive on a breathalyzer test.


The acetone produced by diabetic ketoacidosis might also register as alcohol on a breathalyzer. If you have diabetes and it is not under control, the results of your breathalyzer test may be affected.

Low-Carbohydrate Diets

If you’re on a low-carb diet like Atkins or Keto, the acetone produced in your body due to insufficient carbs may also be alcohol on the test.

If one of these medical disorders is producing your false-positive breathalyzer test result, you should have all of your medical documents on hand so that they may be submitted to the court as proof.

This will help verify that you were not driving intoxicated and hopefully clear up any confusion regarding what happened during the test.

Call an expert lawyer if you are wrongly accused of DUI

What to Do If You’ve Been Falsely Accused of DUI

If you were wrongly charged with DUI, you must protect your rights and defend your case, here’s how to do that.

Stay Calm and in Control

Being accused of DUI can be scary, but staying calm and in control is essential. Don’t argue with the police or get angry, because that could worsen the situation and cause more problems. Also, don’t resist arrest.

Collect Evidence

Get as much proof as possible to support your case. This could include statements from witnesses, medical records, or anything else that proves your innocence.

Hire an Experienced DUI Lawyer

If you want to protect your rights and defend your case, hire an experienced DUI lawyer. A good lawyer can look at the evidence, find holes in the prosecution’s case, and develop a strong defense.

Challenge the Accuracy of the Breathalyzer Test

Breathalyzer tests aren’t always accurate, and many things can cause false readings. Your lawyer could question how accurate the breathalyzer test was and find out if any other things could have led to the wrong accusation.

Attend All Court Hearings

Go to all your court hearings and do what the judge says. This shows the court that you are serious about the charges and willing to follow the law.

Avoid Social Media

Don’t talk about the case on social media or post anything that could be used against you.

The court can use anything you say or post online against you, so it’s best not to discuss the case. If you get the urge to share how you were treated unfairly, be sure to get the video/post reviewed by your attorney first.

Be Patient

The legal process can be slow, but it’s important to be patient and trust your lawyer’s expertise. Your lawyer will work hard to develop a strong defense plan and protect your rights.

Let an Experienced Indianapolis Criminal Defense Lawyer Help You

You’re not alone, a lot of people have been wrongfully accused of driving under the influence before you. An experienced Indianapolis criminal defense attorney from the Rathburn Law Firm can help you ensure that your rights are protected and that you receive a fair trial.

Your attorney will answer any questions regarding your case and advise you on the best course of action. We’ll also explain the entire legal procedure to you, so you know exactly what is going on and why.

  • We will inform you of your legal rights.
  • We will conduct an independent investigation into the circumstances of your arrest.
  • We will ensure that all evidence is properly gathered, analyzed, and presented in court.
  • We will analyze every aspect of your case to find possible facts or strategies to help you obtain a favorable outcome.

Your DUI defense lawyer will also advise you on the potential consequences connected with a DUI conviction, such as license suspension, fines, prison time, or other sanctions.

If you have been wrongly accused and charged with a DUI in Indiana, don’t delay things any further. Contact our firm right now. We’ll defend you aggressively to get a fair decision for your case and preserve your future.

Get a free consultation with an attorney from our firm now!

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With over 25 years of experience, Rathburn Law is your ideal choice. If you or a loved one is facing a DUI charge, Reach out to us today!