Are there any legal defenses available to fight a DUI charge?

In North Carolina, individuals charged with Driving Under the Influence (DUI) may have the opportunity to present a legal defense in court. Generally, a legal defense is an argument used to refute a legal claim made against an individual. In the case of a DUI charge, defenses may include challenging the accuracy of breathalyzer tests, arguing that the driver was not under the influence due to a medical condition, or asserting that there was no probable cause for the traffic stop. There are several other defenses that may be argued in court. For instance, an individual can contest the implementation or accuracy of the tests used to determine Blood Alcohol Concentration (BAC). This may include invalidating breathalyzer readings due to improper calibration, arguing that the tests were administered without probable cause, or suggesting that the results of the tests are not an accurate reflection of the individual’s BAC. Additional arguments could include challenging the reliability of the arresting officer’s report, as well as presenting evidence that the driver was not impaired due to a medical condition such as diabetes. In extreme cases, a “necessity defense” may be used to argue that the driving was necessary in order to prevent a greater harm. Ultimately, the individual charged with the DUI must choose a defense that is best suited for their situation in order to build a strong case. An experienced attorney is best equipped to evaluate a situation in order to determine what legal defense may be most effective.

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Are there any legal defenses available to fight a DUI charge?

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