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. A DUI conviction can get you jailed for a maximum of 6 months, fined up to $2000, or a suspended driving license. But if you find the best DUI attorneys, they’ll tell you that how you defend against these charges also has a huge influence on the court outcome, including the possibility of acquittal.
Try the ideas below to contest any DUI charges:
1. Inappropriate Stop
Many DUI lawyers and attorneys will exploit the improper stop provision during trial to protect their clients. As per this argument, the arresting officer is accused of ordering a traffic stop without any probable cause.
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. DUI lawyers frequently dispute the horizontal gaze nystagmus test (HGN) that attempts to determine intoxication by sensing certain eye movements.
3. Handling and Correctness of Portable Breathalyzer Screening
Your lawyer may also dispute the reliability of the breathalyzer used at the scene. 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? Also, demonstrating that the device used to give the breath test lacked proper calibration and maintenance may weaken the case against you.
4. It Was Necessary to Drive Drunk
You may invoke the necessity defense if you needed to drive while drunk to prevent a bigger problem. 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
Another viable argument is that your DUI followed the threat of bodily harm or death, implying that duress forced your actions. An example of duress DUI is an attacker employing force to get the victim to drive.
6. Unintentional Intoxication
If you took alcohol without your knowledge, you may counter DUI accusations with the involuntary intoxication claim. For example, if prior to the drunk-driving arrest you may have drunk a beverage with an unrecognizable quantity of alcohol, you could say that you never intended to get intoxicated. Another potential scenario is when somebody laces your drink with alcohol without you knowing.
A guilty verdict for a DUI offense can inconvenience you, no matter the severity of the sentence. With the help of DUI lawyers and attorneys, you can contest any such charges.