Understanding the different approaches to challenge DUI charges

by | Jun 3, 2020 | Dui

There are different approaches to challenging DUI charges based on the situation and circumstances. Drunk driving defenses share in common, however, that they can help accused drivers who may be scared about the potential penalties and consequences they are facing following DUI charges.

A first step to evaluating DUI charges is to look at the traffic stop and determine if the police officer had probable cause to make the stop. Next, if a breathalyzer test was administered it is important that it was properly administered. Breathalyzer tests must be on a confirming list of acceptable devices and must also be routinely calibrated and maintained. The police officer conducting the breathalyzer test must also be properly trained to do so and administer the breathalyzer test according to the training they have received.

If a field sobriety test was administered, it is also important that it was administered properly according to the training the police officer received. Police officers must also be properly trained in how to administer field sobriety tests. It is important that breathalyzer tests and field sobriety tests are properly administered for the test results they produce to be accurate and reliable. Other affirmative defenses may also be available for accused drivers in particular situations. These defenses can include duress, necessity, mistake of fact, entrapment and involuntary intoxication.

Drivers facing DUI charges are facing uncertainty and possibly steep penalties and consequences associated with the charges. In the face of DUI charges, it is important for accused drivers to know how to defend themselves