You have been charged with driving while under the influence. But now, your DUI lawyer needs to come with a defense in court to reduce your charges and if possible, prevent you from becoming convicted for DUI. Here, we will discuss the most common defenses and uncommon defenses a DWI lawyer can make.
7 Common and Uncommon DUI Defenses
1.No Probable Cause to Stop You. Your DUI lawyer will argue that the police officer who pulled you over did not have a valid cause to pull you over.
2.Improperly Administered Field Sobriety Test. Your DWI attorney will argue that the police officer did not administer the field sobriety test properly. Another argument your lawyer can make is inaccurate results. Often, DUI lawyers challenge the accuracy of the horizontal gaze nystagmus (HGN) test, responsible for detecting eye movements related to intoxication.
3.Improperly Administered Portable Breathalyzer Test. Your lawyer will argue the accuracy and the proper administration of the portable breathalyzer test at the scene. For instance, they may question if the police officer who administered it was properly trained. Your lawyer will also consider intervening factors, such as indigestion or vomiting. The same goes for a standard breathalyzer test administered at the police station.
4.Tampered or Mishandled Blood Test. Your DWI attorney will challenge the administration of a blood test and/or if the chain of command tampered or mishandled it in some way.
5.Increasing Blood Alcohol Concentration (BAC). Your legal team will make the argument that when you were driving your car, your BAC level was below the legal limit. But, it increased between the time you stopped at the traffic signal and the time it took to take the breath test. This is a plausible argument to make, as the alcohol you consume has yet to absorb completely into your system.
6.The Accused Was Not Driving the Car. Your DUI attorney will tell the court that you were not driving the car at the time of the arrest and that the passenger switched places with them and failed the breathalyzer or field sobriety test.
7.Improper Police Conduct. Your attorney will provide the court with evidence and/or testimony from witnesses at the scenes that the police officer who made the arrest did not conduct themselves properly, violated the accused’s rights, and forged a DUI report.
Apart from these common and uncommon defenses that your DUI lawyer can make, there are some affirmative defenses they can make as well, given they apply to your case. Some of these include you driving your car because you were avoiding something far more dangerous, driving under duress to avoid death or injury, the police officer encouraging you to drink while driving or become intoxicated (entrapment), you honestly believe that you are not drunk, and you drink alcohol without consent.
For anyone who has been charged with a DUI, they need to contact a DUI lawyer with years of experience building a strong case.