What are the Various Defenses to Drunk Driving?
As there are several DUI cases that most court systems have to handle, hence many have a certain dedicated section available for the present criminal court system having separate court procedures to dispense with DUI cases easily and quickly.
This would mean, your DUI case may finish up much faster, but it may also be quite hard to know what you can expect. Therefore, you need to hire a suitable attorney in Las Vegas from Spartacus Law Firm.
You must also understand that DUI law may vary from state to state, so make sure that you check and get updated with the local laws or consult a suitable DUI lawyer in your area so that you can get the best information.
Common defenses for drunk driving
- Improper stop
The contention that the officer perhaps lacked probable reason to control the initial traffic halt is the most prominent argument utilized by defense counsel in DUI trials.
- Administration/accuracy of the field sobriety test
If a field sobriety test was given incorrectly or the results were wrong, the arrest could be considered illegal. The HGN (Horizontal Gaze Nystagmus) test, which identifies eye movements linked to intoxication, is frequently questioned.
- Administration/accuracy of any portable breathalyzer test
The attorney may question if the officer doing the breathalyzer test was adequately trained, or if there were any intervening conditions like vomiting or indigestion. The defense may also dispute whether the instrument for the breath test instrument was calibrated and maintained properly.
- Administration/accuracy of any standard breathalyzer test
Similar to #3, but involving the more precise breath test machines utilized at the police station following an arrest.
- Administration/chain of custody for a blood test
This argument raises concerns about how a blood test was administered and if it was meddled with or mistreated during custody.
- The rising concentration of blood alcohol
According to the defense, while the offender was driving, his BAC was much below the actual legal limit, but it grew between the traffic stop time and during the breath test administration. When recently drunk alcohol has not yet been fully absorbed into the system, this is conceivable.
Few other defenses that are less common
- The Accused was actually not the driver
There may be doubts about whether the individual charged with DUI was actually driving. Perhaps the passenger exchanged seats with the driver, thinking he/she was sober, but, failed a sobriety/breathing test.
- Improper police actions
This defense could involve evidence and/or testimony where the officer must have violated the civil rights of the defendant, fabricated the DUI report, or acted inappropriately in some other way.
You have got the right to defend yourself even if you believe you were somewhat intoxicated when you were just pulled over and booked for a DUI charge.
Contacting a legal practitioner will serve your best interests in order to safeguard your rights and obtain the best possible outcome.
