Defending Against DUI Charges

Defending against drunk driving charges is important because there is so much on the line. Knowing how to approach defending against DUI charges is essential to help avoid the significant consequences associated with DUI charges which can include a potential loss of freedom and other personal and professional consequences.

There are different approaches to developing a strong criminal defense strategy. A drunk driving defense may be based on different defense strategies that largely fall into two different categories. The first category includes affirmative defenses. Affirmative defenses to drunk driving charges include necessity, duress, entrapment, mistake of fact or involuntary intoxication. For individuals accused of drunk driving who think one of the affirmative defenses may apply to them, it is important to be familiar with what they are.

Additionally, other defense strategies may also apply to the situation and circumstances the accused individual is facing. If a test such as a field sobriety test, breath test or blood test was not administered properly, it may impact the validity of the test results. It is also important that the breath test is properly maintained, calibrated and if a breath test at the police station would have been more accurate, it is important for the defense strategy to point that out. Additional circumstances, including rising blood alcohol or other physical factors, can also impact the reliability and accuracy of one of the various types of tests used to determine impairment.

The accused individual may also be able to challenge the traffic stop if the arresting police officer did not have probable cause to stop the accused individual. There are many ways to approach defending against drunk driving charges and accused individuals must be familiar with what the options are to ensure their criminal defense rights and future are protected.