Being stopped and charged with DUI is a stressful situation. After all, you likely understand that a conviction can impact your life in many ways.
Because of the seriousness of the charge, it’s important to learn what some of the most common defenses are. It’s also wise to work with a legal professional when developing a defense for the charge you are facing.
Improper or illegal stop
When an officer pulls you over, they must have probable cause. If there is no probable cause for the initial traffic stop, this can be used as a viable defense for your charge.
Challenging the accuracy of alcohol testing methods
It’s also possible to challenge the accuracy of field sobriety tests or portable breathalyzer tests. For example, a field sobriety test that is often challenged in DUI cases is the horizontal gaze nystagmus. The accuracy of determining alcohol use with this test is still contested because of accuracy concerns.
It’s also possible for a legal professional to challenge the breathalyzer test that is used at the scene. One potential defense is that the officer wasn’t trained properly on how to administer it. Another possible defense is that you were dealing with indigestion or vomiting, which can impact test results.
Improper actions by the police
With this defense, it’s necessary to show evidence or have a testimony that proves the officer acted improperly. This means they violated the person’s civil rights, faked the DUI report or acted in some other improper way.
Defense options for DUI charges
It’s important to work closely with a legal professional to know what possible defense will work best for a DUI charge. This is going to give a person the best possible outcome for their case.