What are common forms of DUI defenses?
DUI is defined as driving under the influence and refers to driving a motor vehicle while under the influence of alcohol. A DUI charge is very serious and can lead to very severe penalties. Some common types of DUI defenses used to tackle a DUI charge include:
Necessity: The defense can claim that the driver drove the vehicle out of necessity and was forced to do so to prevent a graver situation. The defense must provide evidence to back the claim of the defense that the situation the defendant was trying to avoid was worse than the potential damage he could cause while driving drunk.
Duress: The defense can claim that the defendant was forced to drive the vehicle in a drunken state due to the threat of violence or death, evidence must be provided to back this claim.
Entrapment: The defense can claim that an officer of the law tricked or motivated the defendant into driving the vehicle while intoxicated but must provide evidence to back such a bold claim. Involuntary Intoxication: The defense can claim that the defendant was tricked into ingesting alcohol without their knowledge or consent thus relieving them of responsibility but evidence must be provided to back up such claims.
The defense can claim that the alcohol breath test was not performed correctly and that factors such as vomiting or stomach conditions influenced the results. The defense can claim that the field sobriety test was not performed correctly or that the results were inaccurate. The defense can claim that the alcohol blood test was not performed correctly or that the blood sample was switched or tampered with but must provide compelling evidence to back such a claim. The defense can claim that the blood alcohol level of the defendant at the time of driving was within the state limit but rose during the period of time in which the car was stopped and the test was performed. This is very hard to prove and is rarely successful.
A DUI charge can lead to large fines or even jail time and should be taken very seriously. To ensure that you have the best chance at reaching a favorable outcome, it is highly recommended that you consult an experienced attorney near you.
Neil S. Ruskin
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Brooklyn, NY 11201
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