Defenses to DUI Charges in Washington

There are several types of defenses that can be made after being arrested or charged with a DUI offense. Affirmative defenses are rare, but are one way to fight against DUI charges, these include driving as a necessity due to a greater evil, entrapment, involuntary intoxication and duress. Duress means that the defendant drove under the influence in order to avoid serious injury. Entrapment involves an officer requesting the person to drive even while they are drunk. These are less common than other defenses, but have occurred in the past. Some of the more common defenses to DUI charges include:

  • Improper stop- meaning that the officer did not have probable cause to stop the driver
  • Inaccuracy of field sobriety test- meaning that the administration or results of the field sobriety test was inaccurate or improper
  • Inaccuracy of Breathalyzer test- meaning that there was intervening factors or the test was not administered properly
  • Rising blood alcohol concentration- meaning that the BAC level was below the legal limit while driving but it increased while the defendant was waiting for the test to be administered
  • Blood test chain of custody- meaning that the administration of the blood test could have caused an inaccurate result, it could be tampered with or mishandled

You may be able to offer valid explanations for your appearance or behavior or you can offer witnesses who observed something different than the officer. Challenging the procedures of the arresting officer is also a common argument in a DUI case. There are precise steps that law enforcement must follow when conducting tests and arresting a suspect. After investigation, you may be able to find flaws and errors in the process. Team up with the Law Office of Lance R. Fryrear for help in your case. As a Lynnwood DUI attorney, I am familiar with defending against DUI charges, so call my firm today to schedule a consultation!

Categories: DUI, DUI Defenses

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