6 Arguments in Defense Against DUI Charges
DUI or DWI charges can result in different penalties depending on state law and any aggravating circumstances. A DUI conviction can get you jailed for a maximum of 6 months, fined up to $2000, or a suspended driving license. However, be sure to find the best DUI attorneys, who always advocate for a strong defense since it can also impact heavily the potential verdict and sentencing, with the possibility of walking free.
Try the ideas below to contest any DUI charges:
1. Inappropriate 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 they took you in based on incorrect intoxication test outcomes or a wrongly executed exam, the arrest may be ruled inappropriate. It’s common for DUI attorneys to contest the horizontal gaze nystagmus (HGN) exam, which detects eye movements usually linked to intoxication.
3. Handling and Correctness of Portable Breathalyzer Screening
Similarly, an attorney may challenge the validity of the field breathalyzer test. It’s important to ask if the test was administered appropriately, for example by a skilled officer. Were there any intervening circumstances, for example vomiting or indigestion (which may have affected accuracy 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
You may invoke the necessity defense if you needed to drive while drunk to prevent a bigger problem. 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 could claim that you had to drive under alcohol influence to avoid the threat of injury or death, or under duress. This could happen if somebody forced you to drive while drunk, else they’d hurt you.
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. Another potential scenario is when somebody laces your drink with alcohol without you knowing.
Always strive to avoid a drunk-driving conviction, even when the likely penalty appears to be light. With the help of DUI lawyers and attorneys, you can contest any such charges.