Oklahoma's Oldest DUI Defense Firm

Attorneys Stephen G. Fabian Jr. and Brian P. Young

Common defenses that can be used for a DUI

On Behalf of | May 19, 2022 | DUI - Drunk Driving |

If you’re stopped by an officer while driving in Oklahoma and suspected of drunk driving, you might think that you’re going to get a ticket or have to spend time in jail. However, there are a few defenses that could be used that could result in the charges being reduced or dismissed.

Contacting an attorney

When you’re being investigated or if you’ve been charged with a crime, such as a DUI, you have the right to contact an attorney before answering any questions. If you are forced to answer questions or if there is any evidence entered in the court that could be the result of being deprived of legal counsel, then your charges could be dismissed.

Inaccurate alcohol test

If an officer suspects that you’ve been drinking and driving, you will usually need to take a breath test to determine your blood alcohol level. There is a minimum level that the test should be at in order for you to legally be behind the wheel. If it’s over that level, then you can be charged with a DWI or a DUI. A defense that could be used is that the equipment was not working properly or that it was used incorrectly by the officer. Some of the factors that could cause an inaccurate test include your body temperature and if you’ve taken certain types of medication as well.

Illegal stop

An officer should only stop you if there is a reasonable suspicion that you’ve done something illegal or if there is a clear action that’s been committed. If you’re stopped simply because an officer has a feeling that you’ve been drinking, then it could be a defense that can be used in court.

When you’re charged with driving under the influence, you should know of the defenses that can be used so that you decrease the likelihood of getting a ticket or going to jail.