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The Most Common (and Lesser-Used) Defenses for DUI

Few driving offenses rival the seriousness of driving under the influence (DUI), referred to as operating a vehicle while intoxicated (OWI) in Indiana. Yet, you must remember that being arrested for DUI is not a conviction. With a compelling defense, you may reduce legal penalties or avoid them altogether.

Common DUI Defenses

Criminal defense lawyers view their clients’ DUI arrests not through the lens of guilt but instead look for errors and injustices that may invalidate the arrest. This perspective can lead to several defenses, including:

  • There was no probable cause to pull you over: Law enforcement officers must have probable cause to stop a motorist. Probable cause can include signs of impairment or another traffic violation. Your attorney may argue that there was no valid reason to stop you, and therefore, the results of the traffic stop are inadmissible.
  • There is no biological evidence of intoxication: If you did not take a breathalyzer test or submit a biological sample, there may be no definitive evidence that you were operating a vehicle while impaired.
  • There were errors in administering a breathalyzer test: If the law enforcement officer failed to follow procedure when administering or interpreting breathalyzer test results, this could be a compelling defense to a DUI charge.

These defenses are common, in part, because they can effectively neutralize the serious charge of driving under the influence.

Lesser-Used DUI Defenses

Other DUI defenses are less common but can be just as effective as common defenses. Such defenses include:

  • You were not driving the vehicle
  • The reading from a breathalyzer or results of a blood test were inaccurate
  • Officials mishandled evidence during the investigation
  • You were only driving under duress or threat
  • You consumed alcohol unknowingly (perhaps because a drink was tampered with)

Our legal team will craft a personalized defense to any allegations of impaired driving levied against you.

Call Razumich & Associates Today to Discuss Your DUI Defense in Indiana

The team at Razumich & Associates has an extensive history of defending clients from DUI charges. Call us today at 317-449-8661 or contact us online to discuss how we will fight to spare you from unjust legal penalties.

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