If you’re accused of driving while under the influence, you may not be sure how you want to handle your case. On one hand, you could plead guilty if you know you were definitely impaired while driving. On the other, there are many defensive options that could help you avoid a guilty plea.
If you decide that a defense is the right option for you, then there are a few different defensive options to consider. They may include:
- Questioning the chain of custody
- Questioning the legality of the traffic stop
- Questioning the legitimacy of the Breathalyzer test
These defenses may help find holes in the prosecution’s case, so you can protect yourself and potentially avoid a conviction.
- Questioning the chain of custody
To start with, you may want to question the chain of custody of evidence collected at the scene. For example, if you had bloodwork done to prove the DUI, then you would want to make sure that only authorized individuals were allowed to transport or hold that evidence. Your attorney would also need to verify that the evidence still exists and hasn’t been lost.
- Questioning the legality of the traffic stop
The next thing to question is the legality of the traffic stop. Did the officer have the reasonable suspicion needed to stop you? Did you actually make an error on the road, or did the officer pull you over without a legitimate reason?
- Questioning the legitimacy of the Breathalyzer test
A third way to defend yourself is by questioning the legitimacy of the Breathalyzer test. It is a good idea to make sure that the officer was authorized to perform the test and that the test was given as designed. If too few tests were taken or the test wasn’t calibrated correctly, then the evidence may not be able to be used in court.
These are three ways that you may be able to defend yourself against a DUI. DUIs are serious, so it’s worth looking into these defenses to protect yourself.