If you have been charged with drunk or drugged driving, you may feel like you are doomed and see your future going down the drain. Do not give up hope. An experienced DUI attorney can help. Depending on the circumstances in your case, your attorney may be able to have the penalties significantly reduced or get your case thrown out entirely. No matter how bad it seems, do not assume that your situation cannot be improved. There are many valid defenses to DUI charges, even in very tough cases.
Defenses to DUI Charges
A DUI charge does not automatically mean conviction, even if the evidence seems to be unbeatable. Police and prosecutors have to follow rules. Breathalyzers are not always accurate. Tests are not always administered properly. Defenses to DUI charges include:
- Improper stop – lack of probable cause
- Improper administration of field sobriety test
- Improper administration of breath or blood test
- The breathalyzer was not properly calibrated or maintained
- Chain of custody errors with blood test
- Too much time passed between the time of the stop and the time a test was administered, allowing blood alcohol concentration (BAC) to rise – you weren’t intoxicated at the time you were driving
You Were Intoxicated, But…
There are also some affirmative defenses to DUI charges. Examples include:
- Involuntary intoxication – someone spiked your drink without your knowledge
- Duress – you had to drive to avoid injury or death
- Mistake of fact – you had good reason to believe you were not intoxicated, such as taking a medication that does not have a proper warning for intoxicating side effects
- Entrapment – a law enforcement officer encouraged you to drive while intoxicated
To learn more about defenses to your DUI charge, search our directory for a DUI defense attorney in your area.
