Charged with a DUI? If so, don’t panic. Every situation is different. But, there are several defense that will enable you to fight back and legally tell your side of the story. No defense is guaranteed to help lessen or excuse you from a DUI charge. But, some defenses are commonly used when fighting a DUI. Read on to see some of the most common defenses used in court.
You Were Not Actually Driving the Car
Most people arrested for DUI face charges after operating a motor vehicle. But in the event that you were not the driver this is a real defense. If your lawyer can prove that you were not driving the car and were just a passenger then this defense will work in your favor.
The Officer Made an Error
If the defense proves that the officer who arrested you did not follow proper protocol for that particular state then you can use this defense. Make sure that if you got asked to perform a standardized drug sobriety test, you received proper instruction. If the officer made a mistake when giving you the instructions, you can argue that the results are inadmissible.
Administration/Accuracy of the Breathalyzer
If you believe that the breathalyzer administration was inaccurate or not done correctly, your lawyer can challenge this in court. Your lawyer may challenge whether or not the officer received proper training. Or, the lawyer might challenge interfering factors in the situation such as indigestion or vomiting. There is also the question of whether or not the device was working properly. Also, your lawyer might determine that the device wasn’t properly maintained by officers to give an accurate reading.
Rising Blood Alcohol Concentrations (BAC)
This defense means that the blood alcohol content of the driver was raised between the time of the stop and when the breathalyzer was administered by the police officer. This is possible only with alcohol that was recently consumed by the individual who was driving the vehicle.
This defense can be used when the driver believes that they drove the car because it was vital to do so to prevent a greater evil. Your lawyer must prove that the greater evil which you wished to prevent would have been more harmful than any potential injuries caused during DUI.
If you have recently been arrested for a DUI, the most important thing you can do is not to panic or worry about a worst-case scenario. There are various defenses that may pertain to the situation. In the event that you are unsure about whether you have a valid defense or if you have any legal questions, contact me here for assistance. I will be more than happy to assist you and support you through this stressful process. Contact me to set up a free consultation today. We can discuss these defenses and others. This can make sure that you find the best defense for you.