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Legal defenses against DUI

On Behalf of | Nov 9, 2023 | Criminal Defense, DWI Defense |

Facing a DUI charge can be a daunting and stressful experience. However, it is important to remember that there are legal defenses available that may help in your case.

While it is not always possible to have charges completely dismissed, the right legal defense can often mitigate the consequences of DUI.

Challenging the traffic stop

An important point to consider is whether the traffic stop was lawful. Law enforcement must have a valid reason to pull you over, such as a traffic violation or suspicion of DUI. If the stop was not based on reasonable grounds, you could challenge it in court.

Field sobriety tests

Police typically administer field sobriety tests to assess a driver’s level of impairment. These tests, like the one-leg stand or walk-and-turn, may be subjective and prone to inaccuracies. If the tests were improperly conducted or involved unfavorable conditions, the results might not be valid.

Breath test accuracy

Breath tests are commonly used to measure a driver’s blood alcohol content. However, these devices can fail due to various factors, such as calibration errors or medical conditions. If there are issues with the accuracy of the device, it could cast doubt on the BAC reading.

Medical conditions

Some medical conditions can mimic the symptoms of intoxication, such as slurred speech or unsteady balance. If you have a medical condition that could explain these symptoms, it can be a viable defense.

Inaccurate observations

The arresting officer’s observations play a significant role in a DUI case. If there are inconsistencies in their report, or if the officer lacked proper training, these discrepancies could challenge the prosecution’s case.

Illegal search and seizure

If an officer discovers evidence, such as an open container or drugs, through an illegal search and seizure, it may be inadmissible in court. Protecting your Fourth Amendment rights is vital in a DUI defense.

Witness testimonies

Eyewitnesses can provide valuable testimony in your defense. Their accounts of your behavior and demeanor at the time of the arrest can help establish your sobriety.

According to NJ.gov, 26,500 people receive DUI or related convictions in the state on an annual basis. For these individuals, understanding legal defenses is important to getting their lives back on track as soon as possible.