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What are the Best DUI Charges Defenses?

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Getting a charge of drunk driving is not the end of the world. You can always explore all of your defenses to see if any might work in your case. If you are not sure about your DUI charges defense, hiring an attorney is wise.

When you are charged with driving under the influence, there are many outcomes. You could be found guilty or innocent of that charge. It is possible to lose your license, incur fines, and go to jail. Having your situation reviewed by an attorney can help you take the next steps in a more informed manner.

DUI Charges Defenses You Can Use

  • No Attorney was Available to DUI Suspect During the Investigation.

Those suspected of drinking or using drugs while driving have the right to contact an attorney before making any statements. Should they be denied the option of talking to an attorney for that purpose, it is said that any statement made can be inadmissible.

  • Inaccurate Breath Alcohol Testing

Whether or not a driver is guilty of DUI rests on the driver’s chemical test. However, some new cases are arising regarding the accuracy of breath alcohol testing machines and how accurate the readings are. The accuracy of chemical testing can be called into question when it comes to innocent drivers. In conjunction with a forensic toxicology expert, the attorney will identify breath test issues that might cause a valid defense with a DUI.

  • Stopping a Person or Vehicle Illegally

A person suspected of driving under the influence (DUI) may defend themselves in court with a motion to suppress evidence or dismiss based on illegal stopping of a person or vehicle. The general rule for a motion to suppress is that a defendant can claim a police officer violated a constitutional provision if they do not have reasonable suspicion. Fourth Amendment protects citizens from unreasonable searches and seizures. Police officers cannot stop individuals based on a “hunch” or a guess.

  • Inaccurate or Invalid Field Sobriety Test

You may have heard of the term “field sobriety test”. Law enforcers often administer these tests and may comprise a series of physical movements, such as touching one’s nose or performing a walk-and-turn maneuver. However, these tests can be unreliable and invalidating. A drunk driving suspect can use an invalid field sobriety test to their advantage. Police must accurately administer the test for it to be valid. If there was not enough light or the officer did not do it correctly, the test might not be accurate, and the accused may use that to their advantage.

  • Suspect Not in Control of Vehicle or Driving it

A DUI suspect may use this defense if they were not in control of their vehicle or did not operate it at the time of the incident. The suspect will need to prove that they were not in control or that they did not operate the vehicle.

Contact Our Office Today!

If you’ve been charged with a DUI, contacting GPS Law Group is a significant first step. Having handled cases like yours for years allows us to assist you in achieving your goals. For a free consultation, call 704-549-1950 today. We are pleased to serve Charlotte, Gastonia, Concord, Huntersville, and surrounding communities in Mecklenburg County, Rowan County, Cabarrus County, Iredell County, and Gaston County, North Carolina.