What are the most common defenses to DUI?
Not everyone that is charged with a DUI is guilty of a crime. There are several very effective defenses that can be used to support an individual’s case against their DUI charge. By working with an experienced DUI defense attorney, individuals facing a DUI can choose which defense is best for their situation.
The most common DUI defense strategies challenge the integrity of evidence or attack an officer’s observations. One of the most commonly used arguments against a DUI charge is the defense of improper stop. This defense claims that an officer made the traffic stop which resulted in the DUI charge, without probable cause. Another common defense is to attack the administration of a field sobriety or Breathalyzer test. This defense may be used to attack an officer’s knowledge and understanding, as well as administration and interpretation of the tests used to determine intoxication.
There are several less common but quite successful defenses to a DUI charge known as affirmative defenses. These defenses typically exist in only rare circumstances but can be extremely successful even when there is clear evidence in support of the DUI charge. These affirmative defenses are generally used in cases where the intoxication is not in question, but the reason behind it is. Such defenses like necessity, duress, and entrapment may all be used when a driver claims to have not been given a choice but to drive drunk. Another affirmative defense known as involuntary intoxication can be used in the event an individual ingested alcohol unknowingly, say through a spiked punch bowl at a party.
Many individuals facing DUI charges are under the assumption they don’t have defense options, but that is clearly not the case. By working with an experienced DUI defense attorney, these individuals can identify the best defense for their situation and may be able to use it to reduce or eliminate their charges.
Neil S. Ruskin
188 Montague Street Suite 900
Brooklyn, NY 11201
Local: (718) 237-1547