Criminal Defense Firm Serving Northeastern And Central Pennsylvania

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Criminal Defense Firm Serving Northeastern And Central Pennsylvania

Miele & Rymsza, P.C.
Miele & Rymsza, P.C.

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How can I defend myself against DUI charges?

| May 18, 2020 | Drunk Driving Charges, Dui |

Facing drunk driving charges can be overwhelming which is why accused drivers should be familiar with the different ways they can defend themselves against DUI charges. The best approach for defending against DUI charges depends on the situation and circumstances the accused driver is faced with but it is essential for accused drivers to be familiar with their criminal defense rights and options.

There are generally three categories of DUI defense for accused drivers to consider because on their unique situation and circumstances including;

Challenge the field sobriety test

To attack the reliability and accuracy of a field sobriety test it is important that authorities conduct the field sobriety test in accordance with the training they have received to do so and that the training they received was appropriate and adequate.

Challenge the breathalyzer test

A breathalyzer test must also be properly conducted according to the training received by the police officer administering it. In addition, breathalyzer tests must be routinely maintained and calibrated according to set intervals. If they are not, they may not produce reliable and accurate results. In addition, the police officer administering the test must ensure that the accused driver’s bodily fluids do not interfere with the test.

Affirmative defenses

Certain affirmative defenses, including necessity, duress, entrapment, mistake of fact and involuntary intoxication, can apply in certain situations. Accused drivers should know what those situations are and if they apply to them and their circumstances.

In addition, it is important that the traffic stop that resulted in DUI charges was legal and that none of the accused driver’s criminal defense rights were violated during the traffic stop. If authorities did not follow required procedures, it may be possible to challenge the drunk driving charges that result.

Drunk driving defense options are of importance because of the steep price of the potential penalties associated with drunk driving charges. Accused drivers should make sure they are prepared to defend their rights and freedom when faced with DUI charges.

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