6 Possible Defenses to 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.
Explore the arguments below to challenge your DUI trial:
1. Inappropriate Stop
DUI lawyers and attorneys like to use the improper stop argument in defending their clients in court. This defense implies that, while making the initial traffic stop, the officer involved had no probable cause.
2. Management and Accuracy of the On-Site Sobriety Test
If they took you in based on incorrect intoxication test outcomes or a wrongly executed exam, the arrest may be ruled inappropriate. 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
Likewise, your attorney may challenge the integrity of the on-site breathalyzer test. There may be doubts as to whether the test was handled correctly, especially by a competent 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
You may invoke the necessity defense if you needed to drive while drunk to prevent a bigger problem. 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
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. Unintentional 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.
Always strive to avoid a drunk-driving conviction, even when the likely penalty appears to be light. Just find some great DUI lawyers and attorneys for assistance challenging any such trial.