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Exploring Different Defenses in a DUI Case

Facing a DUI charge can be a daunting experience. However, it’s important to remember that there are various defenses available to those accused of DUI. Understanding these defenses will push you toward a more favorable outcome in a DUI case. Below are some of the more common defenses that can be employed to challenge a DUI charge.

Improper Traffic Stop


One of the most effective defenses in a DUI case is challenging the legality of the traffic stop. Law enforcement officers must have a valid reason to stop a vehicle. If the stop was not based on reasonable suspicion or probable cause, any evidence gathered afterward, including DUI tests, may be inadmissible in court. An experienced DUI attorney will examine the circumstances of the stop to determine if it was lawful.

Inaccurate Field Sobriety Tests


Field sobriety tests are often administered during a DUI stop. These tests, such as the walk-and-turn or one-leg stand, are subject to human error and can be influenced by various factors. Challenging the accuracy and reliability of these tests is a common defense strategy. A skilled attorney can question the administration and interpretation of these tests to undermine the prosecution’s case.

Unreliable Breathalyzer Tests


Breathalyzer tests are widely used to measure blood alcohol content (BAC). However, these devices are not infallible and can produce inaccurate results due to various factors, including calibration issues, improper usage, or medical conditions. Challenging the accuracy of breathalyzer results is often a strong defense in a DUI case.

Rising BAC Defense


Alcohol takes time to absorb into the bloodstream, and your BAC may continue to rise after you’ve been pulled over. The rising BAC defense argues that you were below the legal limit when driving, and your BAC only reached the limit or exceeded it after the stop. This defense can call into question whether you were truly intoxicated while operating the vehicle.

Necessity Defense


In rare cases, the necessity defense may apply. This defense argues that driving under the influence was the only option to prevent greater harm, such as a medical emergency or imminent danger. While this defense is seldom successful, it can be employed in unique circumstances.

Chain of Custody Issues


Ensuring the integrity of the evidence is crucial in a DUI case. A significant defense can be made if there are chain of custody issues with blood or urine samples. It’s essential that the prosecution can prove the evidence’s integrity from collection to testing.


When facing a DUI charge, it’s essential to explore all possible defenses to protect your rights and future. Each DUI case is unique, and the success of these defenses may vary depending on the specific circumstances. Therefore, it’s highly recommended to consult with an experienced DUI attorney who can assess your case, determine the most appropriate defense strategy, and guide you through the legal process.


Remember, the information provided here is for educational purposes and should not be considered legal advice. For personalized guidance on your DUI case, contact our DUI defense attorneys at Flanagan Lieberman & Rambo. We are here to help you navigate the complexities of DUI defense and protect your rights.