The best approach to defending against DUI charges depends on the unique situation and circumstances of the accused driver and the charges they are facing. For this reason, drivers accused of drunk driving should be familiar with the different DUI defense options that may help them.
A strong defense strategy is uniquely fit to what the accused driver is facing. Generally, however, there are several different criminal defense options to consider after being charged with a DUI, including:
- Breathalyzer test challenges – Breathalyzer test devices must be routinely maintained and calibrated to be considered reliable. If a breathalyzer test was used that had not been maintained and calibrated at set intervals, it may be possible to show it produced erroneous results. Additionally, the police officer administering the breathalyzer test must be trained in how to do so and must administer the test according to the training received.
- Field sobriety test challenges – Field sobriety tests must be properly administered according to appropriate training received by the police officer administering the test to be considered reliable. If the test is not administered as required, it may be possible to challenge it.
- Initial traffic stop challenges – An initial traffic stop must meet certain requirements and be conducted according to certain procedures to be considered legal. If the initial stop was in violation of the accused driver’s rights, it may be possible to challenge the DUI charges that followed.
- Affirmative defenses – Certain affirmative defenses may apply in limited situations so accused drivers should at lease be familiar with what they are. They include necessity, duress, entrapment, mistake of fact and involuntary intoxication.
Accused drivers should be prepared to protect themselves from the significant penalties and consequences associated with drunk driving charges. For that reason, they should be familiar with DUI defense options.