Are there any defenses to a DUI charge?

Yes, there are defenses to a DUI charge in North Dakota. Depending on the specific circumstances of the case, various defenses may be available to fight a DUI charge. One defense could be a challenge to the officer’s reasonable suspicion to initiate the traffic stop in the first place. The Fourth Amendment of the U.S. Constitution prohibits unreasonable searches and seizures. If the police officer did not have reasonable suspicion to believe the driver had committed a crime or was about to commit a crime, the entire stop may be deemed an unreasonable search. If this can be established, any evidence gathered after the unconstitutional stop may be inadmissible, including any evidence of intoxication. Another potential defense may involve attacking the accuracy, calibration, or reliability of the breath test. Breath test results are commonly used in DUI cases as evidence of intoxication. Inaccurate and unreliable breath test results can form the basis for challenging the results in court. Finally, there may be other available defenses depending on the specific facts of each case. For example, the defense of "involuntary intoxication" may be raised if a driver consumed alcohol without his or her knowledge or was otherwise tricked into consuming alcohol. Finally, the defense of "necessity" may be raised if the driver was forced to drive intoxicated due to an emergency situation. These defenses to a DUI charge can be complex and require the assistance of an experienced DUI attorney in North Dakota to evaluate and raise.

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Are there any defenses to a DUI charge?

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