Are there any defenses to a DUI charge?

In New York, defendants may use certain defenses to fight against a Driving Under the Influence (DUI) charge. The most common defenses to a DUI charge are lack of probable cause, faulty breathalyzer tests, and medical conditions that give a false breathalyzer result. For example, in the case of lack of probable cause, the arresting officer must have a valid reason to believe that the driver was intoxicated when they pulled them over. The officer must have seen the driver driving erratically or have received an anonymous tip that the driver is intoxicated. If the arresting officers do not have this evidence, the DUI charge can be challenged. Faulty breathalyzer tests are also valid defenses for a DUI charge. Breathalyzers are machines which measure the Blood Alcohol Content in an individual’s bloodstream. If the machine is not properly calibrated or maintained, the results could be inaccurate. A defense attorney may challenge the results and present evidence that the breathalyzer was not up to standard. Finally, certain medical conditions may lead to a false breathalyzer result. In some cases, the presence of a medical condition such as acid reflux or diabetes can lead to higher than normal breathalyzer results even when no alcohol has been consumed. A defense attorney may present evidence of the medical diagnoses to challenge the results. In order to make a successful defense to a DUI charge in New York, defendants will need to contact an experienced defense attorney to review their case and gather the necessary evidence.

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Are there any defenses to a DUI charge?

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