6 Arguments in Defense Against DUI Charges
The penalty you can get from a DUI or DWI charge varies from state to state and the presence of aggravating factors. Jail time of up to 6 months, fines of up to $2000, and suspension of driving license are possible outcomes upon DUI conviction. Yet, it makes sense to find the best DUI attorneys for help mounting a concrete defense because that also substantially affects the possible trial outcomes, including the likelihood of a not-guilty verdict.
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. As per this argument, the arresting officer is accused of ordering a traffic stop without any probable cause.
2. Administration and Quality of the Field Sobriety Screening
In case a poorly handled sobriety test or unreliable test results informed your arrest, such an arrest may be improper. It’s common for DUI attorneys to contest the horizontal gaze nystagmus (HGN) exam, which detects eye movements usually linked to intoxication.
3. Handling and Correctness of Portable Breathalyzer Screening
Similarly, an attorney may challenge the validity of the field 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)? Also, demonstrating that the device used to give the breath test lacked proper calibration and maintenance may weaken the case against you.
4. Necessity Caused the DUI
You may invoke the necessity defense if you needed to drive while drunk to prevent a bigger problem. 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. An example of duress DUI is an attacker employing force to get the victim to drive.
6. Involuntary Intoxication
In case you didn’t know that you were actually consuming alcohol, try using the involuntary intoxication defense. For example, if prior to the drunk-driving arrest you may have drunk a beverage with an unrecognizable quantity of alcohol, you could say that you never intended to get intoxicated. The argument may also stand when you drink a cocktail laced with liquor without your knowledge.
Being convicted of a DUI crime is never good for you even if the sentence is light. Just find some great DUI lawyers and attorneys for assistance challenging any such trial.