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How and why DUI charges can be successfully defended

Imagine that a person goes out to have a drink or two with a few friends to celebrate a new job or a birthday. The event itself doesn't really matter, but what does matter is that this hard-working and otherwise honest individual thinks that after a couple of drink he or she is not over the legal limit. So they get into their car and drive off. Soon after, they are pulled over and a police officer gets them to take a breath test. There they learn that their blood alcohol concentration is over 0.08. They are arrested for driving under the influence.

DUIs like this happen all the time. Most people then think that those who are caught driving under the influence deserve what they get, and they practically assume that they are guilty until proven innocent (as opposed to the other way around).

However, there are many DUI cases out there with a wide range of circumstances. And there are plenty of ways that someone accused of driving under the influence of alcohol can successfully defend the charges against them.

For example, the actions of the police are integral to DUI cases. Did they have probable cause to pull the driver over in the first place? Did they uphold the accused person's rights during the stop? Did they properly garner the evidence used in the case, and did that evidence follow the proper chain of custody after it was obtained? What about the accuracy of the evidence in the first place? Were the breath test machines or other equipment properly tuned, calibrated and used?

There could also be extreme circumstances for the accused. Were they forced to drive drunk under threat of violence? Were they driving drunk to help someone who was in a medical emergency and they were the only person who could drive? There really are a lot of extenuating circumstances that can be involved in a DUI case.

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