Driving under the influence (DUI) is a serious offense in California and beyond. We all make mistakes. Sometimes people drive when they shouldn't, and it might be an honest mistake. Others make poor decisions after having too much to drink.
If you have been charged with driving under the influence in Temecula you need to begin building a defense immediately. So, what can you say to defend against a charge of DUI?
Mistake of fact is one of the most common defenses to DUI. This is when the driver honestly believed that they were not impaired when driving. The reason for this would be that they thought the impairment had worn off by the time they got behind the wheel.
Necessity is another defense used to a DUI charge. Raising this defense requires that the subject prove that it was necessary for them to drive while under the influence in order to avoid a greater evil.
Some people charged with DUI will claim that the traffic stop was an improper one. The claim here is that the officer who conducted the traffic stop did not have probable cause to initiate the stop that led to the DUI arrest and subsequent charge.
The administration of the breathalyzer test can also be questioned as a defense to a DUI charge. The breathalyzer might not have been calibrated properly, or the officer might not have been trained correctly to use the device.
The defenses to DUI mentioned in today's post are not exhaustive. When charged with an impaired driving crime, you need to start building your defense to the charge as soon as possible. It's best to do it with the help of an experienced criminal defense attorney.