Peter Blair | April 18, 2017 | DUI
If you have been charged with a DUI, you may wonder what will happen to you and your record. DUIs are a careless action that can lead to penalties and jail time. Because of this, you may have fears about whether or not you will sustain any of these penalties. You should know that, with the help of an experienced attorney, you may have options such as defenses that you can use in these cases.
Drunk Driving Offenses
Necessity: Sometimes, there are cases where you have no choice but to drive. Sometimes the “greater evil” a person wishes to avoid is more serious than the potential harm caused by DUI.
Entrapment: What happens if an officer encourages you to become intoxicated? This is seen as entrapment and sometimes results from a set-up.
Mistake of Fact: This is when somebody honestly believes that they are not intoxicated. For instance, this may happen when you are taking a new medication and had no idea that it could have caused you to drive unsafely.
Involuntary Intoxication: This is when somebody consumes alcohol without knowing it. Perhaps they drank a “spiked” drink and got behind the wheel.
Improper Stop: This defense takes place when the officer lacks probable cause to make a traffic stop.
Chain of Custody Matters: Perhaps the administration of a blood test was flawed or tampered with. This means that there was a mishandling in the chain of custody.
Accuracy of Field Sobriety Test: If a field sobriety test was administered wrongly, an arrest may be improper.
There also much less common defenses that may be used in your case. For instance, perhaps the person charged with the DUI was not actually driving at the time. In other cases, an officer may have violated the defendant’s civil rights. In these cases, you need an experienced defense attorney to help you in every way.