An Attorney Can Help Argue Your Defenses to a DUI/OWI Charge

A driver accused of a DUI or DWI has a couple of various choices with regards to mounting a defense. Some affirmative defenses exist in extremely uncommon conditions, notwithstanding when the evidence generally supports the charge. In any case, it’s increasingly normal to defend a DUI/OWI charge by going against the law enforcement officer’s perceptions of what occurred preceding the arrest or challenging the trustworthiness of the proof, for example, the precision of a breathalyzer test. State DUI laws vary and everybody’s case has distinctive actualities, so it is beneficial to consult with an attorney.

Some affirmative defenses to DUI/OWI charges include:

  1. The mistake of Fact: This is when an individual has a sincere belief that he or she is not under the influence or drunk.
  2. Entrapment: This is when a police officer somehow inspires a driver to drive while under the influence. The defendant must also prove that he or she would not have been inclined to drive while intoxicated if not for the supposed entrapment.
  3. Duress: This is when a person drives in order to avoid serious injury or death.
  4. Involuntary Intoxication: This is when an individual has ingested alcohol without his or her knowledge.

Common Drunk Driving Defenses:

  1. Improper Stop: This involves the claim that the police officer lacked probable cause to make the primary traffic stop. It is often used by defense lawyers in DUI cases.
  2. Administration / Accuracy of Portable Breathalyzer Test: A defense lawyer can dispute the administration of the breathalyzer test used at the scene, which involves questioning whether the breath test device was accurately calibrated and maintained.
  3. Rising Blood Alcohol Concentration: This kind of defense claims the BAC was below the lawful limit while the defendant was driving but essentially increased between the time of the traffic stop and the administration of the breath test. This is probable when freshly consumed alcohol has yet to fully soak up into the system until the time of the BAC test.
  4. Administration / Accuracy of Field Sobriety Test: If an arrest was based on an improperly administered field sobriety test or inaccurate results, it may be ruled improper. The horizontal gaze nystagmus (HGN) test, which detects eye movements often linked with intoxication, is often challenged.

Even if you think you may have been slightly intoxicated when you were pulled over and arrested for DUI/OWI, you still have the right to a defense. In order to protect your rights and get the best outcome possible, it’s in your best interests to contact the legal professionals at Mullen Schlough & Associates S.C.

 

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