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Defenses to a DUI Charge

Alcohol and car

If you're facing a DUI charge, the thought of the penalties you're facing is daunting, and it's natural to want to know how to avoid a conviction. While there's no guaranteed way to beat a DUI case, understanding the potential defenses available to you can help you create a strong legal strategy. In this blog post, we will discuss five possible defenses against a DUI charge that may be used to drop the charge, and the factors involved with these defenses.

5 Possible Defenses Against a DUI Charge

1. Lack of Probably Cause

For an officer to pull you over, they need probable cause, meaning there's a reasonable suspicion that you violated the law. This can include things like swerving between lanes, running a red light, or speeding. If the officer didn't have probable cause to pull you over, any evidence gathered after that point may be inadmissible in court. You can work with a DUI defense lawyer to determine if this defense can be raised in your case.

2. Faulty Breathalyzer or Blood Test

Breathalyzers and blood tests are commonly used to determine blood alcohol levels in DUI cases. However, these tests aren't infallible and can sometimes generate false readings. If the defense can prove that the results of these tests were inaccurate or unreliable, it might be possible to get the charges dropped.

3. Rising Blood Alcohol Content (BAC) Levels

Alcohol takes time to move through the body, so if you're pulled over shortly after consuming alcohol, your BAC may still be rising. This means that your BAC could be lower at the time you were pulled over than it was when you submitted to a breathalyzer or blood test, making it challenging for the prosecution to prove that you were above the legal limit at the time you were driving.

4. Involuntary Intoxication

In some cases, a driver may become intoxicated without realizing it. For example, if someone mixes medication with alcohol and ends up impaired, that person hasn't intentionally drunk and driving drunk, making this scenario a defense against a DUI charge.

5. Misconduct by The Arresting Officer

Law enforcement officers are held to a high standard, and their conduct must be legal, ethical, and constitutional at all times. If the defense can prove that the arresting officer acted inappropriately during the DUI arrest process, this may be used to dismiss the charges.

Contact Our Experienced DUI Defense Attorneys at First Coast Criminal Defense

Facing a DUI charge is stressful and scary, but understanding the various defenses that may be available can give you hope that you can beat the charges or, at the very least, mitigate the consequences. A qualified DUI defense attorney has the necessary experience to identify the most viable defenses in your case and develop a strategy that works best for your situation.

If you're facing DUI charges, don't hesitate to reach out to the experts at First Coast Criminal Defense. Our professional lawyers are ready to protect your rights, fight for your defense, and help reduce the damage to your reputation and future. (904) 474-3115

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