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Common DUI defenses

Facing DUI charges can be scary and confusing. Is there anything that you can do to refute the charges now?

You may find it helpful to know that you are not alone. Over 1.5 million individuals are arrested for driving under the influence of alcohol each year. What are the most common defenses to DUI charges?

No reasonable cause to stop

In order for the police to be able to pull you over for drinking and driving, they need to have reasonable suspicion. This means that you were driving in a manner that suggested impairment, such as swerving lanes, running stoplights, making illegal turns or erratic speeding. If the police stopped you for no reason, a judge may deem your chemical tests as inadmissible.

Lack of Miranda warning

In the movies, when police make an arrest, they are quick to start reading the individual’s Miranda rights. If the police plan to place you in custody and question you, the law requires officers to read these rights to you. If they do not read you these rights, the statements you make after you are in custody may be inadmissible.

False positive BAC reading

Typically, breathalyzer tests are fairly accurate, but there are certain things that can make a test read your BAC as higher than it really is. For example, medications or medical conditions such as heartburn and diabetes could affect the results. Environmental factors or improper breathalyzer calibration can lead to improper readings as well.

When the police arrest you for a DUI, it can feel like there is no way to defend yourself. However, depending on your situation, you may be able to use one of the options described above.

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