6 Arguments in Defense Against DUI Charges
DUI or DWI charges can result in different penalties depending on state law and any aggravating circumstances. You could go to prison for 6 months, temporarily lose your driving license, or be fined $2000 if found guilty of DUI/DWI. 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.
Here are possible defenses to DUI charges you may use:
1. Inappropriate Stop
DUI lawyers and attorneys like to use the improper stop argument in defending their clients in court. The claim suggests that, at the time of the pull over, the officer lacked the prerequisite probable reason.
2. Administration and Quality of the Field Sobriety Screening
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. How the Portable Breathalyzer Test Was Administered
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. Is there a chance that certain dominant conditions, such as vomiting or indigestion, existed and thereby undermining reliability of the test results? Also, demonstrating that the device used to give the breath test lacked proper calibration and maintenance may weaken the case against you.
4. Necessity Caused the DUI
If it was an avoidable that you drink and drive to preempt a bigger calamity, try the necessity argument. That’s a good line of defense, although you have to show that you could not have done it any other way as the driver and that you wanted to side-step a calamity with more serious consequences than a DUI.
5. Forced Intoxicated Driving
You could claim that you had to drive under alcohol influence to avoid the threat of injury or death, or under duress. An example of duress DUI is an attacker employing force to get the victim to drive.
6. Unintentional Intoxication
In the event you ingested alcohol without knowing, you may defend yourself through the involuntary intoxication argument. 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.
A guilty verdict for a DUI offense can inconvenience you, no matter the severity of the sentence. The best DUI lawyers and attorneys can help you take on such accusations.