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What are some defenses to a DUI charge?

On Behalf of | Oct 21, 2022 | Criminal Law

Some people make the mistake of assuming that a DUI conviction is a given. If you get arrested and fail a field sobriety test, for example, you could be charged. People will assume they have no option but to accept it.

But charges and convictions are massively different, and you can absolutely defend yourself against these allegations. You may not have done anything wrong. People are falsely accused every day. Here are a few defense options to consider.

Were the field sobriety tests accurate?

Some studies have found that field sobriety tests do not work and are not reliable. They often get false positives, and drivers get arrested for impairment when they actually are not impaired at all.

How accurate are breath tests?

Although breath tests may be more accurate than field tests, that certainly doesn’t mean that they get it right all the time. The officer may have administered the test incorrectly, they may not have been fully trained, they may not have calibrated the breath test recently or there could be other issues that call those results into question.

Did the officer make procedural mistakes?

In some cases, police officers will just make mistakes during this process that can help to get the charges dropped. One example would be if the officer didn’t have probable cause to make a traffic stop. Even if you failed a breath test after that stop, you may be able to claim that it never should have occurred to begin with.

What are your options?

These are just a few examples, but they do show you how important it is to look into all of your legal options when you’re facing charges of driving under the influence of alcohol.