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Common DUI Defense Approaches

As daunting as a DUI charge might seem, especially in the face of breathalyzer readings or other chemical test results, they are not impossible to fight. In fact, a significant number of cases involving drinking while driving or otherwise operating a motor vehicle have ended up being dropped or sentences drastically reduced due to effective defense.

There are several points from which a DUI defense case might be argued. First of all, the idea that the arresting officer was somehow wrong in his or her perceptions and actions can lead to dismissal. Some of the grounds on which this point is argued are that the officer:

  • Acted out of bias
  • Pulled the car over without reasonable evidence
  • Was mistaken about the person’s state of intoxication

Apart from these issues and the questioning of any other witnesses present at the time, several other means of establishing defense include:

  • Entrapment – the officer in any way encouraged or provoked the defendant into driving, and then arrested him or her
  • Duress – the driver was motivated by fear of bodily harm inflicted by someone else
  • Necessity – if there is a medical emergency in which it can be shown that driving was absolutely the last recourse possible
  • Involuntary intoxication – the defendant did not know he or she was consuming alcohol (if it was in a mixed drink and could not be easily detected, for example), this defense might hold up

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If you or someone you know has been charged with DUI or another alcohol-related offense, contact experienced Rhode Island DUI lawyer Matthew Marin today by calling 401-287-4384.