What are some defenses to a DUI charge?

When an individual has been charged with driving under the influence of alcohol, they may be facing an uncertain future, especially if they have prior DUI’s on their record. Upon being arrested on suspicion of driving under the influence, one should retain the services of an experienced DUI defense attorney as soon as possible. An attorney can assess the case and determine whether there are any defenses present that can aid in a favorable outcome.

First, the attorney will look into whether there were any issues with the traffic stop itself. The arresting officer must have had a valid reason to pull the individual over. There may be situations where the traffic stop was valid but the arrest was not. If there is no probable cause for arrest, this may serve as a defense. If the arrest was valid but the officer failed to read the individual his or her Miranda rights, the arrest becomes invalid.

Other defenses after the arrest occurs may include:

  • Procedural error of officer after the arrest
  • Challenging evidence that the individual was intoxicated by looking at errors in testing equipment
  • Poor weather conditions caused the individual to swerve into another lane or properly perform sobriety tests
  • Challenging witnesses in an effort to prove the arresting officer wrong

 

It is essential that individuals arrested for driving under the influence of alcohol retain an attorney with the skill and experience necessary to defend them. Though driving under the influence is technically an offense and not a crime, it still carries very severe penalties. Contact our firm today for strong legal representation when you need it most.