People get arrested for driving under the influence (DUI) charges frequently in North Dakota, and the vast majority of those arrested will plead guilty. Many drivers assume that it is impossible to defeat DUI charges.
Even if they believe the breath test results were wrong or that there is a plausible explanation for their performance on a field sobriety test, a DUI defendant may assume they have no chance of winning if they go to court.
However, the truth is that those accused of a DUI offense can and frequently do offend themselves against those drunk driving allegations. What are some of the defense strategies that may work?
Mounting a medical defense
There are often credible medical explanations for why someone may have failed a chemical breath test or a field sobriety test. Issues ranging from anxiety to diabetes can affect someone’s performance on tests and overall behavior, making the results of testing less reliable.
If you have a diagnosis with a condition that might affect the test results or if you take a medication that could cause a false positive on a breath test, that could help you fight back in court.
Questioning the testing science
Although chemical breath tests have been around for decades and are more accurate than they once were, lots of issues that can arise when using an intricate testing device on the side of the road. From improper test administration to outdated software, many factors can compromise the overall accuracy of a chemical breath testing device.
People often review maintenance records to see if there are gaps that could give rise to a challenge. Others will challenge the science behind breath testing.
Challenging the traffic stop
Police officers have to have a reason to pull you over in the first place. If an officer didn’t suspect you of intoxication until after they begin interacting with you and did not provide a viable reason for why they pulled you over, you may be able to challenge the validity of the traffic stop and prevent the courts from hearing any evidence gather during an illegal traffic stop.
Looking carefully at the evidence that the state has against you and your personal history can help you determine the best defense strategy possible. Fighting back against DUI charges can keep you out of prison and help preserve your driver’s license.