What Defenses Are There For A DUI Charge?

On behalf of Michael A. Gottlieb, P.A. posted in drunk driving on Thursday, July 27, 2017.

If you are caught driving drunk or are stopped and accused of driving drunk, it’s vital that you defend yourself against those allegations. As someone charged with a DUI or DWI, there are several defenses you can choose from that can help you protect yourself. Failing to defend yourself early could result in charges and penalties you don’t deserve.

How can you defend yourself? You may, for instance, use affirmative defenses to DUI charges if you were intoxicated at the time of the arrest. For example, you may state that you had to drive because you had no other choice. In your situation, driving drunk was the lesser of two great evils. This might be the case if you were drinking before someone got hurt, so you had to get behind the wheel and take him or her to the hospital suddenly.

You may also be able to defend yourself with a claim of duress. With this claim, you are stating that you had to drive in order to avoid injury or death. An example would be if you were driving while intoxicated because someone was holding a gun to your head.

If you were not drunk at the time of the stop, you can defend yourself by questioning the accuracy of the portable Breathalyzer test, the field sobriety test, the standard Breathalyzer test or the blood test. If the tests were not performed correctly or by someone not authorized to perform them, then they may not be used in court.

These are a few ideas about how to defend yourself. Your attorney can help you choose the right defense for your case.

Source: FindLaw, “Defenses to Drunk Driving,” accessed July 27, 2017

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