Facing a DUI charge can be frightening. There is a lot at stake, as a conviction can result in fines and jail time, not to mention a loss of driving privileges, potential community service, alcohol classes and possible job loss.
Attorneys understand the consequences of a DUI, and they work hard to protect their clients. There are numerous defense tactics they may use to fight the charge.
Insufficient evidence
According to Abraham Lincoln University, a lawyer may argue that the officer did not have probable cause or enough evidence to make an arrest. For an arrest, the officer must evaluate a number of factors, such as driving and driver observations, breath test results and field sobriety tests performance. If any of these was missing, there may be a dismissal of the case.
Illegal traffic stop
An officer must have a valid reason to stop a vehicle. This reason, such as erratic driving, might relate to the DUI, or it might not relate, such as for a burnt-out tail light. There may be a dismissal if there was an unconstitutional seizure.
Breath and blood test inaccuracies
There can be numerous issues with the breath and blood tests. Common arguments for the breathalyzer include instrumentation inaccuracy, rising alcohol and medical conditions such as type 1 diabetes. Defense methods for the blood test include specimen collection, preservation and analysis.
Alternative defenses
According to FindLaw, a defense attorney may also use some alternative tactics to argue the case. These include:
- Duress
- Necessity
- Mistake of fact
- Entrapment
- Involuntary intoxication
Lawyers use these tactics less often than the more common methods of defense, but there are circumstances in which they are effective arguments.
