Being charged with a DUI can come with overwhelming fears and concerns for the accused driver. In addition, they can face serious penalties and consequences including jail time, fines and the loss of their driver’s license. For that reason, accused drivers should be familiar with DUI defense options that may be able to help them.
Affirmative defense
Affirmative defenses are a category of defenses that may apply in certain circumstances. Affirmative defenses can include duress, involuntary intoxication, entrapment, mistake of fact or necessity.
Breathalyzer test challenge
Challenging a breathalyzer test can be based on a variety of shortcomings if the test is not properly maintained, calibrated or administered. Breathalyzer tests must be routinely calibrated and maintained according to a set schedule. They must also be administered property according to training received by the police officer. It is also essential for the administering officer to ensure that none of the victim’s bodily functions interfere with the breathalyzer test results.
Field sobriety test challenge
Challenging a breathalyzer test can be based on shortcomings with the test if the field sobriety test was not properly administered to produce reliable results. Police officers administering field sobriety tests must be properly trained to do so and must comply with that training when administering a field sobriety test otherwise the results of the field sobriety test may be called into question.
There may be other ways to challenge DUI charges such as if the initial traffic stop was an improper stop or if any of the accused driver’s rights were violated. It is important for accused drivers to be familiar with their criminal defense rights and how to assert them when they are facing drunk driving charges.