McClure, Ramsay, Dickerson LLP

Making a Positive Impact

2 common DUI defense strategies

On Behalf of | Apr 9, 2021 | Firm News |

If you are facing conviction for a DUI, you might feel as if your situation is hopeless. Besides the potential incarceration sentence, you could end up grappling with the ramifications long after your trial. The best defense to a DUI or any criminal charge is not to break the law or put yourself in questionable circumstances.

Sometimes law enforcement makes mistakes when charging potential offenders. Even innocent people find themselves facing criminal persecution at times. Whether or not there is weight to the DUI charge pending against you, you might find it possible to incorporate the following strategies into your DUI defense.

Medical or health ailment

The law considers many things in drunk driving cases, including the medical or health of the alleged offender. Some medical conditions can trigger false signs of intoxication and readings on inebriation testing devices. For example, a common side effect of diabetes is ketosis. The condition can cause a person’s breath to smell like they are a heavy drinker when they are not. Another example is the presence of allergies. Sometimes the presence of watery or bloodshot eyes or drowsiness are the effects of over the counter or prescription medication.

Improper stop, search or seizure

Legally law enforcement officers must have probable cause or just cause before they detain or apprehend offenders. The protection against unlawful stops or seizures comes from the Fourth Amendment of the United States Constitution. If the defense proves there was insufficient probable cause, and law enforcement searched or seized evidence, the judge may rule the evidence inadmissible or dismiss the DUI charges.

It is not the end of the world when you have a DUI charge. The right defense strategy can help you avoid a criminal conviction record and protect your name.