How You May Contest DUI Charges in Court
The laws of your state and potential aggravating conditions determine the possible punishment for drunk driving. You could go to prison for 6 months, temporarily lose your driving license, or be fined $2000 if found guilty of DUI/DWI. But if you find the best DUI attorneys, they’ll tell you that how you defend against these charges also has a huge influence on the court outcome, including the possibility of acquittal.
Here are possible defenses to DUI charges you may use:
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. 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. 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. It Was Necessary to Drive Drunk
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. Threat of Force
You could claim that you had to drive under alcohol influence to avoid the threat of injury or death, or under duress. A typical situation would be if someone threatened to harm you if you didn’t drive drunk.
6. Involuntary Intoxication
In case you didn’t know that you were actually consuming alcohol, try using the involuntary intoxication defense. 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. The best DUI lawyers and attorneys can help you take on such accusations.