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5 Types of DUI Defense

5 Types of DUI Defense What is a DUI Defense?

Driving under the Influence of alcohol, illegal drugs, or a controlled substance (DUI) is a criminal offense that is classified upon an individual’s arrest for operating a motor vehicle subsequent to the consumption of any or all of the aforementioned items, or operating a motor vehicle while in an intoxicated state resulting from prior consumption. The parameters surrounding a DUI charge vary depending in the location of the arrest, in addition to a variety of additional stipulations, which can include the blood alcohol content (BAC) of that individual, the presence of any damage or injury resulting from a presumed DUI charge, past criminal history belonging to the individual suspected of driving under the influence of drugs or alcohol, and the overall circumstances surrounding the events themselves.

DUI Defense: Prescribed Medication

Medication in the form legal prescription or attainment of controlled substances are required to convey any or all potential side effects that may befall an individual taking them; these side effects can range from drowsiness to blurred vision – pharmaceutical companies that manufacture these types of drugs are required to alert an individual taking medication in the event that the operation of a motor vehicle is not suggested while taking medication

DUI Defense: Adherence to Legal Protocol

The legal administration of a sobriety test will deem the admissibility of any evidence rendered with regard to a construction of a DUI defense; the following are the most common forms of sobriety testing that must adhere to strict legal protocol:

Breathalyzer Test DUI Defense

The individual administrating a Breathalyzer test must possess the equivalent of any or all mandated certification and aptitude with regard to performing that type of analysis in the event of a DUI charge; results conveyed from Breathalyzers tests administered by individuals failing to possess adequate certification are considered to be inadmissible within court proceedings

Sobriety Test DUI Defense

The administration of a physiological test – involving biological matter as described above – will be required to be trained in the administration of such an examination, as well as be required to produce substantial and accredited documentation reflecting the certification, permission, and authorization to perform physiological blood alcohol content analysis; any or all results illustrated by such tests without legally-accredited operation will be deemed to be inadmissible as evidence within a DUI trial

Field Sobriety Test DUI Defense

Any or all of the aforementioned varieties of field sobriety tests may be employed by the arresting officer(s) at the scene of a DUI arrest; in addition to the applicable legislation expressed within the realm of blood alcohol content analysis through Breathalyzer testing and physiological examination, individuals are granted to the legal right to decline participation in field sobriety tests - any respective refusal may be interpreted as an admission of guilt or a refusal to cooperate with law enforcement agents

Constructing a DUI Defense

In the event that an individual has been arraigned on disputable DUI charges, they are encouraged to consult with an attorney specializing in DUI defense in order to receive objective and informed legal counsel. 

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