DUI is a serious offense, and it should not be taken lightly. If you are arrested for a DUI offense, you could spend time in jail and have a permanent record tarnishing your name and expensive penalties. Luckily, a DUI arrest does not automatically mean that you will have a DUI conviction.
Several defense strategies have been proven to defeat a DUI, which you will learn in this article. Along with that, you will also have a clearer idea of what exactly is a DUI.
What is DUI?
DUI means driving under the influence. It is also commonly known as “drunk driving.” A person can be charged with this offense when their blood’s alcohol content is beyond the legal limits.
The legal limits of what is considered to be a DUI differ from one state to another. However, it typically ranges from .8 to .10. If you are intoxicated in a non-moving vehicle’s driver seat, you may still be charged with a DUI. In some cases, some people are charged with a DUI when they have an erratic driving pattern, which is usually a telltale of someone who is driving under the influence.
Defense Strategies for DUI
Here are some successful defense strategies for DUI that lawyers use:
Defense Strategy #1: Bad Driving is not DUI
When the prosecutor’s case is highly dependent on the evidence that shows that you have a driving pattern similar to someone who is intoxicated, lawyers sometimes argue that their clients are simply bad drivers.
This is an effective defense because the driving pattern is not an indicator of DUI. Some people are just really bad drivers, even when they are sober.
Defense Strategy #2: Field Sobriety Test is not 100% Accurate
In many cases, prosecutors use the result of the Field Sobriety Test as evidence against you. Many lawyers will challenge these results by arguing that the test can be affected by several factors, such as being nervous, having physical coordination issues, fatigue, etc.
Defense Strategy #3: Client has Diabetes or Hypoglycemia
A seasoned lawyer knows that they can use their client’s pre-existing medical conditions to rebut the results of your blood alcohol levels during a DUI arrest. Furthermore, they can even argue that a client’s high protein diet causes high BAC results.
However, the defense needs to provide adequate proof to support the claim. These can include medical certificates showing existing conditions of diabetes or hypoglycemia.
Defense Strategy #4: Argue the Officer’s Procedures
Just like other cases, you can get out of a DUI charge by arguing about the protocols followed by the arresting officer. Officers must have proof that you are showing signs of DUI or suspicious activity before pulling you over. Also, when doing the field sobriety tests, police officers must refrain from being threatening or intimidating.
Final Words
If you find yourself in any DUI related predicament, you can use the strategies mentioned above to avoid a DUI conviction. However, doing that on your own can be quite a challenge, especially if you lack legal knowledge. It is best to consider hiring an experienced and professional DUI Attorney to increase the chances of winning your case.
