How You May Contest DUI Charges in Court
The penalty you can get from a DUI or DWI charge varies from state to state and the presence of aggravating factors. You could go to prison for 6 months, temporarily lose your driving license, or be fined $2000 if found guilty of DUI/DWI. However, be sure to find the best DUI attorneys, who always advocate for a strong defense since it can also impact heavily the potential verdict and sentencing, with the possibility of walking free.
Try the ideas below to contest any DUI charges:
1. Unlawful Stop
Many DUI lawyers and attorneys will exploit the improper stop provision during trial to protect their clients. The claim suggests that, at the time of the pull over, the officer lacked the prerequisite probable reason.
Handling and Reliability of the Field Intoxication Test
If they took you in based on incorrect intoxication test outcomes or a wrongly executed exam, the arrest may be ruled inappropriate. Many DUI attorneys will challenge tests taken by horizontal gaze nystagmus (HGN), which senses eye movements that are often caused by intoxication.
3. How the Portable Breathalyzer Test Was Administered
Likewise, your attorney may challenge the integrity of the on-site breathalyzer test. There may be doubts as to whether the test was handled correctly, especially by a competent officer. Is there a chance that certain dominant conditions, such as vomiting or indigestion, existed and thereby undermining reliability of the test results? It’s also possible to dilute any evidence against you by showing that the breath test device was poorly calibrated and serviced.
4. The DUI Was Unavoidable
If it was an avoidable that you drink and drive to preempt a bigger calamity, try the necessity argument. That’s a good line of defense, although you have to show that you could not have done it any other way as the driver and that you wanted to side-step a calamity with more serious consequences than a DUI.
5. Threat of Force
You could claim that you had to drive under alcohol influence to avoid the threat of injury or death, or under duress. An example of duress DUI is an attacker employing force to get the victim to drive.
6. Involuntary Intoxication
In case you didn’t know that you were actually consuming alcohol, try using the involuntary intoxication defense. For instance, if you think you took a drink with an undetectable quantity of liquor before your DUI arrest, you may counter that it never was your will to get drunk. Another potential scenario is when somebody laces your drink with alcohol without you knowing.
Always strive to avoid a drunk-driving conviction, even when the likely penalty appears to be light. The best DUI lawyers and attorneys can help you take on such accusations.