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Ways to defend against DUI charges

On Behalf of | Sep 29, 2020 | Drunk Driving |

Being faced with DUI charges can be alarming and overwhelming for accused drivers. There are different protections accused drivers have and different defense options they can consider that they should be familiar with.

DUI defense options

Different DUI defense options can help protect accused drivers including:

  • Improper stop – if the initial traffic stop is illegal, it may impact the charges against the accused driver.
  • Breathalyzer test challenges – breathalyzer tests must meet certain requirements to be considered accurate. If they fail to meet those requirements, they may not be considered valid which may impact the charges the accused driver is facing. Breathalyzer tests must be routinely calibrated and maintained. Breathalyzer tests must also be administered according to the appropriate training the police officer has received. The police officer must also take care that the accused driver’s bodily functions do not interfere with the breathalyzer test results.
  • Field sobriety test challenges – field sobriety tests must be properly administered to produce reliable results. To be considered properly administered, the police officer administering the field sobriety test must be properly trained to do so and must administer the test according to the training received.
  • Affirmative defense – there is a list of defenses called affirmative defenses that may apply in some circumstances. Affirmative defenses can include entrapment, mistake of fact, duress, necessity or involuntary intoxication. Accused divers should be familiar with what these defenses are and if they apply to them.

Make sure you have proper guidance

DUI charges can result in stiff penalties and consequences for accused drivers. To help protect themselves against those penalties and consequences, accused drivers should be familiar with the different defense options available to them.