Common Defenses Used In DUI Cases
When someone is charged with driving under the influence (DUI), they may feel overwhelmed and uncertain of their next steps.
When someone is charged with driving under the influence (DUI), they may feel overwhelmed and uncertain of their next steps. A DUI charge can have serious consequences, including jail time, fines, and a suspended license. It's important to understand the common defenses used in DUI cases to be prepared if you are ever faced with such charges.
Knowing your defense options gives you an advantage when fighting a DUI charge in court or negotiating a plea bargain with prosecutors. With the help of a DUI attorney in Troy, Ohio, you can figure out which defense strategy works for your needs.
The following are some common defenses used in DUI cases.
Lack of Probable Cause for Initial Stop
A common defense in DUI cases is the lack of probable cause for the initial stop. This means that the arresting police officer had no reasonable suspicion of a crime before the traffic stop took place. The accused party's attorney can use this defense to challenge the legitimacy of their stop and question whether a DUI investigation should have occurred.
Improperly Administered Field Sobriety Tests
Police officers use field sobriety tests to determine whether a person is impaired. If the field sobriety test was administered incorrectly, then this can be used as a defense in court. A DUI attorney in Troy, Ohio, can challenge the accuracy of the results if it is found that the test was not performed correctly.
Inaccurate Breathalyzer Results
Officers typically use breathalyzers to measure a person's blood alcohol content (BAC). If there is evidence that the device was not calibrated correctly, this could be used as a defense in court. Additionally, if the accused party has any medical conditions that could affect the accuracy of the breathalyzer, this could be used as a defense.
Unlawful Arrest or Detention
Unlawful arrest or detention is another common defense used in DUI cases, especially if the arresting officer violated any of the accused party's rights. The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures by law enforcement, and an unlawful arrest or detention occurs when an officer detains someone without a valid reason.
If the arresting police officer did not have probable cause to suspect a DUI had occurred, then this could be used as a defense. A DUI attorney in Troy, Ohio, can help determine if the arrest was unlawful and use it as part of your defense strategy.
No Evidence of Intoxication
This defense claims that no evidence exists to prove the accused was intoxicated during their arrest. This can be argued if there are no drug or alcohol tests taken or if the results from any tests are inconclusive. It can also be argued that there were no witnesses to the person's alleged intoxication.
Hire a DUI Attorney in Troy, Ohio!
Need help defending yourself against DUI charges? It's time to hire a DUI attorney in Troy, Ohio!