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5 possible defenses for a DUI charge

On Behalf of | Feb 23, 2024 | Criminal Defense |

According to Forbes, approximately 28 people die each day as a result of drunk driving accidents. Police take driving under the influence seriously to keep people safe on the road.

A DUI is a serious offense that can have lasting consequences. However, individuals facing a DUI charge may explore various defenses to challenge the allegations against them. It is important to note that these defenses may vary based on the circumstances of each case.

1. Lack of probable cause

One potential defense is challenging the initial traffic stop. Law enforcement must have a valid reason, known as probable cause, to pull someone over. If police made the stop based on insufficient grounds, it may be possible to argue that any subsequent evidence, such as a failed sobriety test, should be inadmissible in court.

2. Faulty field sobriety tests

Field sobriety tests are commonly used by law enforcement to assess a driver’s level of impairment. However, these tests are not foolproof and various factors can influence them. These factors include weather conditions, medical issues or nervousness. A skilled defense may question the reliability of these tests and argue that the results do not accurately reflect the driver’s level of intoxication.

3. Inaccurate breath test results

Breath tests, while widely used, can be susceptible to errors. Factors such as improper calibration, maintenance issues or medical conditions can lead to inaccurate readings. Challenging the reliability of the breath test results may be a viable defense strategy.

4. Rising blood alcohol content

The human body takes time to absorb alcohol, and a person’s BAC may continue to rise even after they have stopped drinking. If there is a significant delay between the time of driving and the administration of a blood alcohol test, the defense could argue that the driver’s BAC was below the legal limit at the time they were behind the wheel.

5. Medical conditions or prescription drugs

Certain medical conditions or prescription medications can mimic the effects of alcohol impairment. A defense may involve presenting evidence of a medical condition or medication usage that could explain observed behavior without necessarily indicating intoxication.

Individuals facing a DUI charge should be aware that there are potential defenses available. It is important to thoroughly examine the specific circumstances surrounding the arrest to determine the most appropriate defense strategy.

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