If you’re accused of driving under the influence of drugs or alcohol, it’s important to defend yourself from the start. This accusation can lead to many problems in your life — your reputation can be tarnished and you can face fines, penalties like losing your license and even be put in jail if convicted.
Fortunately, there are some defenses to a DUI. Some are known as affirmative defenses, wherein you admit that you were under the influence, but drove only with because there was no other option. For instance, if you were involuntarily intoxicated, .e.g. if you were drugged without your knowledge, this could be a strong defense. Entrapment, duress and necessity are also affirmative defenses that may work for your case.
Other drunk driving defenses can prevail, too. For instance, if you were stopped improperly, this can be argued in court. If the officer who stopped you did not have probable cause, then you may be able to have your case dismissed. You can also argue that the field sobriety test was improperly administered or the results were inaccurate. For example, the horizontal gaze nystagmus test is often challenged because of the likelihood of error.
You can challenge breathalyzer test results and the way the test was administered. In some cases, you can even argue that you were stopped when your blood alcohol content was below the legal limit, but it rose during the time it took to have the BAC test administered.
These are just some of the possible defenses you can use, there are others, as well. Our website has more information.