6 Arguments in Defense Against DUI Charges
The laws of your state and potential aggravating conditions determine the possible punishment for drunk driving. Jail time of up to 6 months, fines of up to $2000, and suspension of driving license are possible outcomes upon DUI conviction. But if you find the best DUI attorneys, they’ll tell you that how you defend against these charges also has a huge influence on the court outcome, including the possibility of acquittal.
Here are possible defenses to DUI charges you may use:
1. Inappropriate Stop
The inappropriate stop claim is a tactic that most DUI lawyers and attorneys deploy to defend the accused. As per this argument, the arresting officer is accused of ordering a traffic stop without any probable cause.
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. DUI lawyers frequently dispute the horizontal gaze nystagmus test (HGN) that attempts to determine intoxication by sensing certain eye movements.
3. Use and Reliability of Portable Breathalyzer Test
Your lawyer may also dispute the reliability of the breathalyzer used at the scene. They’ll question whether the device was used properly, such as by a trained officer. Were there any intervening circumstances, for example vomiting or indigestion (which may have affected accuracy of the test results)? 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
The necessity claim can work in case you had to drive under influence to forestall a greater evil. For this plan to work, you must prove two things: you did not have any other options as the driver and the “bigger evil” you meant to prevent was graver than the possible danger of a DUI.
5. DUI Under Duress
Another viable argument is that your DUI followed the threat of bodily harm or death, implying that duress forced your actions. An example of duress DUI is an attacker employing force to get the victim to drive.
6. Involuntary Intoxication
If you took alcohol without your knowledge, you may counter DUI accusations with the involuntary intoxication claim. Perhaps you believe that you were offered a drink that contained unnoticeable alcohol content, which you drunk just before getting booked for DUI, making it a reasonable case of inadvertent intoxication. This is also possible if an individual “spikes” your beverage with liquor while you’re unaware.
Being convicted of a DUI crime is never good for you even if the sentence is light. With the help of DUI lawyers and attorneys, you can contest any such charges.