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What defense options are available against a DUI?

Let's face it; getting pulled over by law enforcement is not an enjoyable experience. As soon as a motorist sees the flashing lights in his or her rearview mirror, signaling them to pull over, the driver is likely anxious and worried about his or her fate. No matter the time of day, a driver may be stopped for a suspected drunk driving. If a police officer suspects that a driver is under the influence of alcohol, they will conduct a traffic stop based on his or her driving. However, this stop must be lawful, as this could be used to defend against a drunk driving charge if the driver is faced with a DUI.

What defense options are available against a DUI? When it comes to defense actions, there are two ways to look at this. First, a defendant can take an affirmative defense. This means the defendant is essentially saying he or she committed the crime, but had a legitimate reason for it, and should not be charged with the crime. The other is a defense that challenges the charge based on certain details of the matter.

Common affirmative defenses include necessity, duress, entrapment, mistake in fact and involuntary intoxication. This means that a person had to drive to prevent a greater evil, had to drive as a means to avoid serious injury or death, an officer encouraged intoxication or to drive under the influence, a driver has an honest belief that he or she is not intoxicated or has ingested alcohol without his or her knowledge.

Other common defense actions include an improper stop, improper administration of a field sobriety test, challenging the accuracy of a filed sobriety test, improper administration or accuracy of a portable breath test, the administration or chain of custody of a blood test or rising blood alcohol concentration during a traffic stop.

Although it is a traffic offense, a drunk driving charge is not minor like a speeding violation. Whether it is a driver's first charge or not, it is important to understand that there are ways to defend a DUI. By looking at the details of your matter and exploring your defense options, it is possible to reduce or even dismiss a DUI charge.

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Manassas, VA 20110

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