6 Arguments in Defense Against 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. 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.
Explore the arguments below to challenge your DUI trial:
1. Improper Pull Over
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. Administration and Quality of the Field Sobriety Screening
If you got arrested on the basis of inaccurate sobriety test results or an improperly administered test, the arrest may be determined improper too. Many DUI attorneys will challenge tests taken by horizontal gaze nystagmus (HGN), which senses eye movements that are often caused by intoxication.
3. How the Portable Breathalyzer Test Was Administered
Likewise, your attorney may challenge the integrity of the on-site 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)? You can also punch holes into the prosecution’s evidence by proving that the breathalyzer itself was not correctly calibrated and maintained.
4. The DUI Was Unavoidable
The necessity claim can work in case you had to drive under influence to forestall a greater evil. 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 may argue that you drove while drunk to escape the threat of violence or death, meaning that you were under duress. This could happen if somebody forced you to drive while drunk, else they’d hurt you.
6. Unintentional Intoxication
In the event you ingested alcohol without knowing, you may defend yourself through the involuntary intoxication argument. 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. Just find some great DUI lawyers and attorneys for assistance challenging any such trial.