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3 common defenses to a DUI charge

On Behalf of | Oct 7, 2020 | Drunk Driving

A DUI arrest and conviction means you may face severe penalties. For example, according to the State of California DMV, the arresting law enforcement official will confiscate your driver’s license, and you will not have driving privileges until the expiration of your suspension or revocation period.

If you have concerns about a harsh sentence and the impact it will have on your future after a conviction, you may be able to reduce or mitigate your charges with certain defenses. Here are a few of the most common defenses to a DUI charge.

1. Lack of reasonable suspicion

A law enforcement official cannot pull you over arbitrarily. For this reason, the arresting officer must suspect that you did something wrong before pulling you over for DUI. If, for instance, you were not swerving in and out of lanes, obeying all traffic laws or disobeying the speed limit, the law enforcement official may not have had reasonable suspicion to pull you over.

2. Failure to follow sobriety test protocol

The law enforcement official must follow certain protocols when conducting a field sobriety test. Failure to follow correct procedure during a DUI arrest could result in a reduction of your charges. Field sobriety tests are also not a complete indicator of drunk driving.

3. The existence of a medical condition

Certain medical conditions can create the appearance of driving under the influence and even skew the results of a breath test. For example, slurred speech can be a result of neurological problems while sinus troubles and allergies can cause watery, red eyes.