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What are possible legal defenses to a DUI charge?

| Apr 13, 2021 | DUI |

Being arrested for the first time can be terrifying. One of the most common ways this happens is when the police believe you are driving under the influence (DUI) of drugs or alcohol. 

These days, a DUI is a serious charge which can affect your life in ways you might not have considered.

There is more than one way to defend against a drunk driving charge

If the police charge you with a DUI/DWI, there are several defense options available. You can decide which to use in consultation with an attorney. It will depend on the particular circumstances of your arrest. Here are some legal defenses to DUI/DWI charges:

  • Why did the police stop you? If the officer pulled you over while driving, they need to have had reasonable suspicion to do so. That could have been reasonable suspicion you were drunk, such as veering across the road. Or, reasonable suspicion of another crime — such as they saw you running out of a grocery store with a balaclava on your head.
  • How did the police act? The police must carry out stops and arrests according to specific regulations. If they failed to follow these rules, a judge might choose to dismiss the case against you. You could even challenge an arrest made at an official DUI checkpoint if the officers did not follow the proper procedures.
  • Is the evidence against you valid? Reading over the limit on a Breathalyzer test does not make you guilty. These and field sobriety tests are both subject to flaws that could provide grounds for a challenge.
  • Are there any exceptional circumstances? A judge may decide that someone who drove while over the limit had a valid reason to do so. It would need to be an emergency, such as jumping in the car to flee a spouse who points a gun at you in a drunken argument.

If you are arrested and charged with a DUI/DWI, you need someone who knows how the system works. Your future is at stake.