A look at DUI defenses

Facing a DUI charge is a situation most Massachusetts residents would likely wish to avoid. However, many find themselves having to fight such charges -- guilty or not. And for these people, ensuring a successful outcome can be of the utmost importance. The alternative, in many cases, can involve serious penalties. These penalties range in severity -- from serious penalties, such as prison time and high fines, to more minor consequences.

Because of the consequences involved in DUI cases, many may wish to know the possible defenses that can be mounted against such charges. These defenses often involve poking holes in a prosecutor's case. This might mean trying to prove an improper stop was made. Before pulling a motorist over, police officers have to have reasonable suspicion. There must also be probable cause for it to be considered a valid arrest. If it can be proven that the police involved lacked reasonable or suspicion or probable cause, it may be possible to have one's charges dropped.

A common way of determining whether someone is driving under the influence is to conduct a breath test. However, these tests are not always accurate. Sometimes, the defense in a DUI case may choose to challenge the results of a breath test. Not only that, the defense may choose to scrutinize the way the test was administered. For instance, the office who conducted the test may have been improperly trained. Or, perhaps, the instrument was not properly calibrated. These cases may result in the results of a test being found inadmissible.

These are just a few of the many possible defenses to DUI charges. In order to understand all the legal options available, those charged with a DUI may wish to seek out the advice of an attorney.

Source: FindLaw, "Defenses to Drunk Driving," Accessed on March 27, 2017

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