Driving under the influence (DUI) penalties are often harsher than those of common traffic violations. Even if it’s your first offense, a criminal charge could be pending on your record until you have your day in court.
However, if you feel like your charge is incorrect or unfair, then you don’t have to settle. There are defenses that could apply to your case and save you from hefty fines, loss of your driver’s license or months behind bars.
DUI defense strategies
Before challenging your DUI charge, consider the following defenses:
- Was the traffic stop legal? One DUI defense option can root back to the reason why a cop pulled you over in the first place. For a legitimate traffic stop, the officer needs a reason or reasonable suspicion. In a drunk driving-related arrest, this could mean abrupt lane changes without signaling, driving well under or over the speed limit or even a broken headlight.
- Were field sobriety tests reliable? During a traffic stop, the police officer may administer a series of tests to see if they are able to back their speculation that you were driving under the influence. Although, you can refuse to take these tests, you might not know that in the moment. The pressure of the situation, preexisting health issues or uneven pavement can prevent a sober person from standing on one leg without losing balance or walking in a perfectly straight line.
- Was the breathalyzer faulty? In DUI arrests, the officer usually uses a breathalyzer to determine blood alcohol content (BAC). This test often comes with errors related to the equipment and other factors that may impact results. The reading could be false if the breathalyzer wasn’t properly recalibrated or if its software isn’t up to date. Additionally, if you drank alcohol shortly before the test or recently used a mouthwash that contains alcohol, then your actual BAC may be under the legal limit.
Dealing with a criminal charge is a serious matter, so it’s crucial to consider all your options.
Legal representation
Your road to a DUI defense doesn’t have to be a lonely one. Getting legal representation can help you veer toward the justice you deserve.