2 Possible Defenses if Charged With Drunk Driving

If the police arrest you on a charge of driving under the influence (DUI) you might be considering pleading guilty, especially if you suspect you were over the limit. Yet that would mean accepting the penalties a drunk driving conviction will bring.

Many people who are charged with DUIs manage to escape a conviction and you might be able to.

Here are some possible ways you might achieve that:

Proving you were not drunk

Failing a field sobriety test does not mean you are drunk. Nor does failing a breathalyzer test. If you can explain why the results were wrong, you may get an acquittal.

For field sobriety tests, consider if you have a medical condition or disability that might explain your failure. Even nerves or misunderstanding the instructions could cause you to fail.

For breathalyzer tests, you can question the apparatus. Can the police prove it was accurate by showing recent calibration records? Or, in some cases,  you might be able to show how your prescription medication affected the result.

Casting doubt on the legality of the stop

If you can show the police did not have reasonable suspicion to pull you over, or that they strayed from legitimate sobriety checkpoint procedures, a judge might throw out your case. If you can show they did not have probable cause to arrest you or violated your Miranda rights, a court might also set you free.

None of these defenses are easy to implement. Getting legal help to do so will be crucial to give yourself a fighting chance of overturning a DUI charge.

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