Although charges for driving under the influence of alcohol are fairly common, it is quite a serious charge that comes with consequences. It is never a charge to be taken lightly, and it is never one to be simply dismissed as “bad luck” if you believe that you were wrongfully charged.
In fact, there are many ways that DUI charges can be defended against.
What are the common defenses to a DUI charge?
One of the most common forms of defense is to dispute the accuracy of the breathalyzer test. If you take a breathalyzer test, it is a widely known fact that the accuracy is not always completely reliable. Therefore, if you were tested to be only slightly above the legal limit, it could be the case that you were actually driving legally.
Another valid defense is to claim that although you were intoxicated, you were involuntarily intoxicated. It might have been that you were unknowingly being served more alcohol than you requested in a bar. Similarly, you might have believed that you were sober but had your drink spiked.
A less common defense is driving out of necessity, for example, in the case of an intoxicated person urgently needing to drive a family member to the hospital.
Do you need to defend yourself against a DUI charge?
There are many potential defenses to a DUI charge, and those who firmly believe that they are innocent should explore all defense paths and understand their legal options. Even if the evidence against you is particularly strong and will likely end in a conviction, you still might be able to improve your legal circumstances and reduce your ultimate punishments via a well-crafted criminal defense.
Source: FindLaw, “Defenses to Drunk Driving,” accessed Feb. 16, 2018