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Defending against DUI charge is not about picking up a single defense, instead it is developing a strategy, by examining in detail. Following are the various aspects that can help you in forming a strategy to defend your case - The fact that you were driving while under influence of alcohol should be proved.
- The officers are required to provide sufficient reason for detaining a person for sobriety test. Invariably, they are halted for a different purpose and convicted under DUI charge.
- Certain pre laid conditions are required to be satisfied regulating sobriety test; any deviation is a good defense in your favor.
- Suspension of license by DMV stands invalidated where the convict was not informed about the consequences of sobriety test or was falsely informed.
- The opinion of the enforcement officer that you were under influence can be cross examined and scrutinized. Lack of sufficient proof of your driving under influence wins the case in your favor.
- Failure on the part of the officer to give Miranda Warning to the accused is a good defense.
- Complying with certain clinical conditions is required while performing blood test in order to arrive at correct results. Such inaccuracies are a viable reason for defense.
- Breathalyzer Test often displays wrong results due to improper recognition of chemicals as alcohol, a major drawback and a vital area of defense
- Health related reasons such as prescribed diet or intake of medicines generally leads to wrong DUI charge and conviction.
- Mistakes committed by enforcement officers come to light during administrative hearing for license suspension.
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