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Fighting a DUI during the holiday season

On Behalf of | Dec 19, 2022 | Firm News |

The holidays are a time for celebration and family. Unfortunately, it is also a time when many people get DUIs. According to the National Institute on Alcohol Abuse and Alcoholism, the effects of alcohol kick in before clear signs of intoxication appear. Christmas and New Year’s see the most DUI-related fatalities.

However, even if the police pull you over on suspicion of a DUI, you still have a chance to fight it. Police are on the lookout during the holidays, so continue reading to learn more about potential defenses against a DUI charge.

Improper field sobriety tests

Police officers are not perfect, and they may administer an improper field sobriety test. The tests have specific standards that the officer must meet, and neglecting the standards might make the test inadmissible.

Faulty breath tests

A failed breath test is probably the most incriminating evidence you can have against you. However, sometimes breath tests are not administered properly. Proving the breath test is faulty will go a long way toward getting your charges dropped.

Lacking probable cause

To legally pull you over, the police officer needs probable cause. Many police officers use a generous interpretation of probable cause. Another possible defense for a DUI charge is to contest that the officer had a legal right to stop you.

Not driving at the time of arrest

You can still get a DUI if you pull over and sleep on the side of the road. However, the case against you is much weaker. The fact that you were not driving at the time of arrest is a valid defense.

Keep yourself safe during the holidays, and have a plan for when you drink. You do not want to ruin the season by resorting to the defenses described above.

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