On Behalf of The Foley Law Firm | October 1, 2021
| Drunk Driving
A DUI charge is a serious criminal charge -- and you don’t want to just fold and plead guilty when you think you aren’t. The financial, social and legal consequences of a guilty plea or a conviction can be tremendous.
What sort of defenses are available? Ever situation is unique, so it will depend on the specifics of your case, but these are three common defenses that can be raised in court:
- Breathalyzer test errors: The evidence against you may be based on the results of a Breathalyzer test, but sometimes, these devices may be faulty. If that is the case, such evidence may not be used to convict you. In addition, chain of custody errors may also raise doubts.
- Legal procedure errors: The admissibility of the evidence against you also comes into play. For instance, if the police stopped your car for no discernible reason, the evidence they obtained afterward may not be usable in court.
- Rising blood alcohol concentration levels. Between the time of the traffic stop and administration of the breath test, your BAC levels may increase within that period. You may claim sobriety at the time of the traffic stop as long as there was a considerable period between the two events.
A successful defense may involve several defense strategies
Given that a DUI conviction will appear in your criminal record, it is important to proceed with caution regarding your defense. Your case stands a better outcome if you are well aware of what the law says about the charges against you and how to go about mounting a successful defense.