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Could these less common DUI defenses apply to your case?

Posted on in OWI

When a Wisconsin driver gets pulled over and police suspect him or her of drunk driving, it can lead to an arrest and DUI charges. However, it's important to note that these incidents can happen in many different ways -- and sometimes the charges brought against the accused person are in error, or they are unlawful.

When faced with unlawful or wrongful DUI charges, accused motorists may need to defend themselves in court to preserve their legal rights and innocence of the crime. Accused persons will have a host of DUI defense strategies available to them, but depending on the facts pertaining to their cases, only a handful of defense strategies will likely apply.

Here are two less common defenses that may only apply to a select few circumstances:

  • The person accused of DUI was not driving: Imagine you were riding with your friend as a passenger and you get into a car accident. Your friend was perfectly sober, but you were drunk. When police arrive, they wrongly accuse you of being the person at the wheel. Not only are you charged with DUI, but you're also charged with causing an accident and injuries while drunk. As such, your criminal defense will need to focus on revealing that you were not the person behind the wheel.
  • Police acted inappropriately: Police must follow protocol when collecting evidence relating to a DUI arrest. Also, police can't simply pull over a driver for no reason at all, and there are numerous rules and procedures that officers need to adhere to when administering field sobriety tests and Breathalyzer tests. When police have broken these rules, or otherwise acted in an inappropriate fashion, it could result in a defendant's charges being dropped or dismissed.

If you've been accused of DUI, it's time to get serious about your criminal defense. If you navigate your DUI proceedings appropriately, you may be able to improve your situation in court.

Source: FindLaw, "Defenses to Drunk Driving," accessed Sep. 22, 2017

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