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10 Defenses to a DUI Charge


Being charged with a DUI can be a stressful and overwhelming experience. However, it's important to remember that defenses are available to help fight these charges. Whether you believe you were wrongfully accused or made a mistake, understanding these defenses can make a significant difference in the outcome of your case.

1. Challenging the Initial Traffic Stop

One common defense against a DUI charge is challenging the legality of the initial traffic stop. Law enforcement must have reasonable suspicion to pull you over, such as swerving or running a red light. If the stop was unjustified, any evidence gathered after may not be admissible in court.

2. Questioning Field Sobriety Tests

Law enforcement often uses Field sobriety tests to determine impairment, but they are not always accurate. Factors like nervousness or physical conditions can affect test results. Challenging the reliability of these tests can weaken the prosecution's case.

3. Contesting Breathalyzer Results

Breathalyzer results are commonly used as evidence in DUI cases but are not infallible. Factors like calibration errors or medical conditions can lead to inaccurate readings. By questioning the accuracy of breathalyzer results, you may be able to cast doubt on the prosecution's evidence.

4. Arguing Rising Blood Alcohol Content

Another defense strategy is arguing for rising blood alcohol content (BAC). Your BAC may continue to rise after you have stopped drinking due to factors like absorption rates or metabolism. If your BAC was below the legal limit at the time of driving but exceeded it later, this could weaken the prosecution's case.

5. Lack of Probable Cause for Arrest

Law enforcement must have probable cause to arrest you for a DUI. If there was no clear indication of impairment or other valid reasons for arrest, this lack of probable cause could be used as a defense in your case.

Criminal Defense Attorney in Dallas

At Mathur Law Offices, P.C., our experienced criminal defense attorneys have successfully defended clients facing DUI charges by utilizing various strategies to cast doubt on the prosecution's evidence. We understand that a DUI charge can have serious consequences for your future and we will fight tirelessly to protect your rights and achieve the best possible outcome for your case. Contact us today at (888) 867-5191 to get started.