If you have been charged with driving under the influence (DUI), then you should be careful with the defense strategies you choose for your case. This is because there are many DUI defenses that people try, but not all of them work. Here are some of the viable defenses you should try:
You Were Improperly Stopped
The police don't have the authority to stop anyone and everyone on the road. The police need a reason--known as called probable cause--to stop you. For example, the police can stop you if you are driving over the speed limit, if your car matches a suspect's car, or if you have a broken taillight. Many DUI suspects are first stopped for other reasons before the police suspect them of drunk driving. Therefore, you may argue an improper stop if the police don't have a clear reason for stopping you in the first place.
You Were Improperly or Illegally Tested
An improper DUI test is one that involves an error or the possibility of an error. For example, if the police don't have a clear chain of evidence handling, you can argue that your blood samples were mixed up with other samples and that the BAC (blood alcohol content) result isn't yours. An illegal DUI test is one that is not made in accordance with the relevant laws. For example, a police officer that forces you to take a blood test without a warrant is guilty of performing an illegal DUI test.
Alternative Explanation for Your Behavior
Lastly, you may also succeed with your DUI defense if you can prove alternative reasons for your behavior other than intoxication. This is particularly possible if the police relied on physical appearance or behavior (such as those obtained in a sobriety field test) to arrest you for DUI. Maybe your eyes were red, you had slurred speech, or you were staggering at the time of your arrest.
This defense is possible because there are other things, other than intoxication, that can make a person seem drunk even if they aren't. For example, an eye disease can give you a red eye, and a physical disability can make you stagger. Even physical tiredness or wearing high-heeled shoes can make you fail some forms of field sobriety tests.
Consult a DUI lawyer if you have been charged with a DUI. The attorney will analyze your case to determine the best defense strategy to take.
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