Common defenses for DUIs

On Behalf of | Mar 19, 2022 | DUI

Anyone caught drinking and driving faces serious consequences. The penalties for breaking the law include fines, jail time, and other restrictions.

Even innocent people can suffer these punishments. The court system is imperfect. Those in power cannot always recognize the absence of guilt. A criminal defense attorney can make a courtroom presentation that benefits the innocent.

Problems with breath tests

Police officers administer blood alcohol tests to verify whether someone has been drinking. Unfortunately, roadside testers tend to be inaccurate. Explanations such as a higher body temperature may lead to false readings. A DUI attorney can describe tester shortcomings to a judge and jury. This most often happens in conjunction with testimony from a toxicologist.

Problems with field tests

The expectation is that roadside trials follow the same standards every time. If not, they can be invalid. Age, weight, and disabilities are enough to shift the results of physical tests. Standing on one foot is not scientific. Nor is reciting the alphabet. A legal defender can argue these measures are inadequate in court.

Problems with evidence

For a conviction to be valid, there needs to be proof of the driver operating a vehicle or intending to do so. Confirmation of a drunken person being in a car is not enough. One might insist that the defendant uses automobiles as places to sober up or sleep.

Defeating DUI charges takes more than the insistence of being faultless. It necessitates legal maneuvering that most cannot handle without help. A legal representative gives better odds of escaping legal discipline.