Experience and Compassion in Criminal and Juvenile Law

What is the best defense to driving under the influence?

On Behalf of | Apr 30, 2018 | Uncategorized

There is nothing worse than the thought of an arrest for driving under the influence of alcohol or drugs.

Not only will this add more stress to your life, but the penalties for a conviction can range from a large fine to jail time. On top of this, a DUI conviction on your record could impact your personal and professional life far into the future.

Here’s the good thing: Just because you are charged with DUI does not mean that the court will convict you. As with other criminal offenses, you’ll have your day in court to explain your side of the story and fight to avoid a conviction.

There are many types of defense strategies you can use, with the following among the most common:

  • Inaccurate administration of a field sobriety and/or Breathalyzer test. You should never assume that the officer accurately administered these tests, as it’s easy to make a mistake. For example, he or she may have used a Breathalyzer that has not received proper maintenance.
  • Improper traffic stop. This is a common DUI defense strategy. This comes down to proving that the officer did not have probable cause to make the traffic stop in the first place.
  • Rising blood alcohol concentration. Depending on the events surrounding your arrest, it’s possible that it took a long time for everything to play out. For this reason, your blood alcohol level may have been below the legal limit at the time of your traffic stop. Thanks to the time lapse, it could have risen above the legal limit by the time a proper chemical test was administered.

There is no way of saying which DUI defense is best for any given case. A variety of factors will come into play, including the circumstances of your arrest. It’s up to you to learn more about your legal rights and discuss a strategy with your lawyer that can help you avoid the most serious consequences.