What are the best defenses to DUI charges?

| Dec 28, 2018 | Criminal Defense |

Though you should do everything in your power to prevent getting arrested and charged with a DUI in Georgia, it is that time of year when police are out and about and pulling over anyone who looks suspicious. If you have more than two drinks at a holiday party and an officer stops you, you may be over the legal limit. If you have a particularly potent drink at a restaurant, you may be over the legal limit. A DUI can negatively impact your life in multiple ways, including both financially and reputation-wise. Fortunately, you may be able to beat DUI charges with a strong defense.

According to FindLaw, you may be able to utilize an affirmative defense against your DUI charge. It is best to use an affirmative defense when evidence supports the charge. An affirmative defense may include necessity, which involves your needing to drive to prevent a greater harm from happening to you. You may also be able to use the duress defense, which entails proving that you either had to drive to avoid injury or death, or someone forced you to drive by threat.

You may also be able to use the entrapment defense, which entails showing that the officer encouraged you to become intoxicated and then drive. Involuntary intoxication is another affirmative defense. This defense tactic involves showing that you ingested alcohol without your knowledge.

Though affirmative defenses sometimes work, attorneys often recommend against using them. More often than not, the common defenses work best. Common defenses include improperly administered field sobriety tests or inaccurate test results; improperly administered breath test or improperly calibrated breathalyzer; improperly administered blood test or a test that was tampered with; and rising alcohol blood concentration. The final defense claims that one’s BAC was below the legal limit when he or she got behind the wheel and it increased between then and the time of the traffic stop.

There are other less common defenses which FindLaw also details. Those include improper police actions and improper driver.

The information in this post should not be used as legal advice. It is for purely informative purposes.