6 Possible Defenses to DUI Charges
The laws of your state and potential aggravating conditions determine the possible punishment for drunk driving. A DUI conviction can get you jailed for a maximum of 6 months, fined up to $2000, or a suspended driving license. Yet, it makes sense to find the best DUI attorneys for help mounting a concrete defense because that also substantially affects the possible trial outcomes, including the likelihood of a not-guilty verdict.
Try the ideas below to contest any DUI charges:
1. Unlawful Stop
The inappropriate stop claim is a tactic that most DUI lawyers and attorneys deploy to defend the accused. The claim suggests that, at the time of the pull over, the officer lacked the prerequisite probable reason.
Handling and Reliability of the Field Intoxication Test
If you got arrested on the basis of inaccurate sobriety test results or an improperly administered test, the arrest may be determined improper too. Many DUI attorneys will challenge tests taken by horizontal gaze nystagmus (HGN), which senses eye movements that are often caused by intoxication.
3. Use and Reliability of Portable Breathalyzer Test
Similarly, an attorney may challenge the validity of the field breathalyzer test. They’ll question whether the device was used properly, such as by a trained officer. How about the presence of overriding factors like vomiting or indigestion with the potential to impact correctness of the test outcomes? You can also punch holes into the prosecution’s evidence by proving that the breathalyzer itself was not correctly calibrated and maintained.
4. The DUI Was Unavoidable
If it was an avoidable that you drink and drive to preempt a bigger calamity, try the necessity argument. This argument can be effective but only when you can demonstrate that, as the driver, there was no other way around, and the greater problem you sought to avoid posed more serious ramifications that a DUI.
5. DUI Under Duress
You may argue that you drove while drunk to escape the threat of violence or death, meaning that you were under duress. An example of duress DUI is an attacker employing force to get the victim to drive.
6. Inadvertent Intoxication
If you took alcohol without your knowledge, you may counter DUI accusations with the involuntary intoxication claim. For example, if prior to the drunk-driving arrest you may have drunk a beverage with an unrecognizable quantity of alcohol, you could say that you never intended to get intoxicated. Another potential scenario is when somebody laces your drink with alcohol without you knowing.
A guilty verdict for a DUI offense can inconvenience you, no matter the severity of the sentence. With the help of DUI lawyers and attorneys, you can contest any such charges.