Some common (and uncommon) DUI defense strategies

Anyone who has a DUI on their record will tell you that it isn’t the literal penalties associated with the charge that are necessarily the worst part (though they are still pretty bad). It is the indirect consequences of the charge that often do the most damage to an individual. Their insurance rates skyrocket; they struggle to find work because of discriminatory check-boxes; they struggle to find a suitable place to live; and, in general, their reputation is ruined.

That is why it is so crucial to defend the charges against you to the fullest, and with vigor. You can’t let these charges take away your livelihood and your reputation. Thankfully, over the years, defense strategies have honed in on critical areas where the police, or even the law, fail to adequately substantiate the DUI charge against an accused person.

So what are some of these strategies? Consider these DUI case elements:

  • An improper stop. If the police officer did not have probable cause to stop you in the first place, then the DUI charge could be contested.
  • Administrative failures. The list for this one is long. Maybe the officer failed to use the Breathalyzer properly. Maybe the device wasn’t properly tuned (therefore giving inaccurate readings). Maybe the blood sample they used was tampered with during the chain of administration.
  • “Affirmative” defenses. These are less common defense strategies, such as driving drunk out of necessity (if a medical emergency has taken place, for example), under duress (you are being forced to drive by someone else), or if you are entrapped (police misconduct).

Source: FindLaw, “Defenses to Drunk Driving,” Accessed July 29, 2015

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