Getting charged with a DUI can be a scary and overwhelming experience. Whether it's your first offense or not, the consequences can be severe and long-lasting. However, there are several defenses you can use to fight your DUI charge and avoid or reduce the penalties. Here are five defenses to a DUI charge that you need to know:
1. Challenging the Stop
Challenging the stop is one of the most common defenses to a DUI charge. This means questioning the legality of the traffic stop that led to your arrest. If the police officer did not have a valid reason to pull you over, any evidence obtained after the stop may be inadmissible in court.
2. Questioning the Field Sobriety Tests
Police officers often use field sobriety tests to determine if a driver is under the influence of alcohol or drugs. However, these tests are not always accurate and can be challenged in court. If the tests were administered incorrectly or the results were misinterpreted, they may not hold up in court.
3. Challenging the Breathalyzer Test
Breathalyzer tests commonly measure a driver's blood alcohol content (BAC). However, these tests can be inaccurate and unreliable. If the breathalyzer was not calibrated correctly or the test was administered incorrectly, the results may be challenged in court.
4. Arguing Medical Conditions
Certain medical conditions can mimic the symptoms of intoxication, such as slurred speech and unsteadiness. If you have a medical condition that could have affected your performance on the field sobriety tests or breathalyzer test, you may be able to use this as a defense in court.
5. Arguing Necessity or Duress
In rare cases, a driver may be able to argue that they were forced to drive under the influence due to necessity or duress. For example, if a driver is being threatened with harm and the only way to escape is to drive while under the influence, this may be used as a defense in court.
DUI Attorney Salt Lake City
At Lokken & Putnam, P.C., P.C., we have extensive experience defending clients against DUI charges. Contact us today at (801) 829-9783 to schedule a consultation and learn more about how we can help you fight your DUI charge.
