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. Inappropriate Stop
DUI lawyers and attorneys like to use the improper stop argument in defending their clients in court. 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 you got arrested on the basis of inaccurate sobriety test results or an improperly administered test, the arrest may be determined improper too. 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. They’ll question whether the device was used properly, such as by a trained officer. Were there any intervening circumstances, for example vomiting or indigestion (which may have affected accuracy of the test results)? You can also punch holes into the prosecution’s evidence by proving that the breathalyzer itself was not correctly calibrated and maintained.
4. It Was Necessary to Drive Drunk
If it was an avoidable that you drink and drive to preempt a bigger calamity, try the necessity argument. For this plan to work, you must prove two things: you did not have any other options as the driver and the “bigger evil” you meant to prevent was graver than the possible danger of a DUI.
5. DUI Under Duress
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
In the event you ingested alcohol without knowing, you may defend yourself through the involuntary intoxication argument. 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. The best DUI lawyers and attorneys can help you take on such accusations.
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