Defending yourself against a DUI is possible with the right strategy. There is no single strategy that works for all people, so it’s important to look at your case with your attorney to devise the best way to move forward. For example, you may discover that you were arrested improperly or that you were stopped and given a breath test that was not warranted.
The first step in your case is determining what, if any, legal defenses can be applied. It will either be a strong or weak defense. Usually, the first thing to look for is a search and seizure issue; if the officer who stopped you searched your vehicle without probably cause or a warrant, it might be possible to have the charges dropped.
Another thing to look at is if a traffic stop was constitutional. Why were you stopped? Were you breaking a law, or was there no reason for the stop? Officers can’t stop you for no reason, so if no reason is given for the stop, you can bring this up as a defense in court. However, if the officer saw your vehicle weaving in and out of your lane of traffic, this might be a good reason to pull you over.
If probable cause or legitimate reasons for a traffic stop are present, then the next thing to look at it your blood alcohol concentration and the testing method. Breath tests can be inaccurate depending on how they were given. For instance, if you burp during the test, it should be given again, since the readings will be inaccurate.
These are just a few things to consider; our website has more information about potential DUI defenses.
