Common Defenses That Attorneys May Choose to Use in DUI Cases

by | Apr 24, 2020 | Lawyers

When an individual is charged with a DUI, they could be facing serious jail time, fines, and loss of driving privileges. For some people, being convicted of a DUI means losing their employment, especially if their employment is dependent on their being able to drive.

There are a few defenses that a DUI defense attorney in St. Augustine, FL, may be able to use to defend their clients. Some defenses require rare circumstances to take place that would allow the accused individual to be free of the charge, even though there was evidence to support their guilt. However, in most circumstances DUIs are defended by attacking the observations made by the arresting officer. An attorney might attack the accuracy of the evidence presented in court, including the breathalyzer test or eyewitness testimony.

A DUI defense attorney in St. Augustine, FL, may be able to argue that a person needed to be behind the wheel and drive to prevent a greater evil. The argument would be that the driver had no other options but to drive, and the potential greater evil that they were trying to avoid had more serious consequences than the potential consequences caused by a DUI.

Another argument could be duress. A defense attorney may prove that their client needed to drive although they were intoxicated because not driving meant that they faced injury or death. An example of this would be if an intoxicated person was forced to drive under threat of bodily harm or death.

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