Being charged with a DUI is no laughing matter and can have many consequences for your life. The best way to avoid this charge is by taking the necessary legal steps to defend yourself against it. There are many defenses that you may use, but not all of them will work in every case. This article will cover some of the best defenses that you can use in order to help reduce or eliminate your punishment if convicted.
Suspect Not Given Opportunity To Contact An Attorney During The DUI Investigation
A person who is suspected of being under the influence and is being investigated by law enforcement should be given the opportunity to contact an attorney before any sobriety tests are conducted. This is to ensure that the best best defense with can be used for this case.
Breath Alcohol Testing is Inaccurate
Breath Alcohol Testing is a method of determining whether or not someone has been drinking alcohol by using a hand-held breathalyzer device that measures the amount of alcohol in one’s breath. This test, when properly conducted and used correctly, is generally considered to be accurate and reliable for measuring blood alcohol concentration (BAC). However, there are some circumstances where this test may not be as accurate.
One DUI Defense Strategy That People Are Unaware Of Is The Invalidity Of An Illegal Stop
The illegal or unlawful thing to do was not just driving, but having your vehicle stopped by law enforcement without probable cause. To best defend this, you can provide evidence that the stop was illegal – in which case your DUI charges would be dropped.
Suspect Could Challenge Field Sobriety Test Results
Field sobriety test results should be challenged by the suspect if they feel that they are not accurate. The best way to do this is by providing evidence of your sobriety and challenging the test. This defense strategy will depend on how good a case you have for the inaccuracies of the test. For instance, if you were able to show the officer’s point of view or if you had an opportunity to watch video footage of yourself performing the test, then your best chance would be to challenge the result in court.
There Is No Evidence That The Suspect Was Driving A Vehicle Or Had The Ability To Do So When Arrested
The best defense for any DUI case is to find evidence that the suspect was not in control of their vehicle. If they were found walking, or sitting on a bench next to the road – there would be no way that these actions could lead them being charged with driving under the influence.
Conclusion
If you are charged with a DUI, it’s important to take the necessary steps to defend yourself against this charge. There is no one defense that will work in every case but some of the most common and effective defenses include: being given the opportunity to contact an attorney before any sobriety tests are conducted; breath alcohol testing can be inaccurate so should not be used as evidence without first giving suspect chance to speak with an attorney on what their next best course of action is; if arrested for suspicion of driving under influence, vehicle may be searched without warrant – ask for lawyer present during search-warrantless searches illegal.