If you are charged with DUI, you have a legal right to defend yourself; just make sure you go about it correctly. In the same way that a solid defense can help you avoid a wrongful conviction, a poor defense can make your consequences more severe. Learn more about some of the defenses to avoid.

Heavy Drinker

People sometimes think they can handle their liquor better than other people. Alcohol tolerance is indeed based on several physiological factors, so effects vary from person to person. However, what is true across the board is that the state has a blood alcohol limit that all drivers must adhere to, which is independent of their tolerance.

For this reason, if an individual is arrested for an alcohol limit beyond the threshold, their defense should never be a reference to their ability to handle their liquor well. Particularly in the case of property damage or physical injuries, this statement conveys a message of little remorse. 

No Test, No Case

In some states, citizens have the right to refuse a breathalyzer test. Yet, if you think you can use the fact that the state does not have any record of your alcohol limit on file as a defense for your innocence, you want to think again. An officer can perform a field sobriety test and use other evidence and observations to establish probable cause of driving under the influence to conduct an arrest. 

If the evidence is compelling enough, a conviction can even occur without a test. An attorney can explain the local law to you and help you learn more about how to move forward in proving your innocence in the absence of a test.

Unsuspecting Pill Taker

A DUI arrest can also take place when an individual is driving under the influence of certain medication, such as prescription-strength painkillers. One defense not to use in this scenario is an excuse that you were unaware of what type of pill you were taking, especially if you do not have a prescription for the medication.

In the eyes of the law, each person is responsible for his or her reactions, including being aware of the type of medication they are taking. As a result, if the individuals' careless actions put others at risk, they could be convicted. 

Never underestimate the help an attorney can provide in helping you establish a solid defense. Speak with a DUI attorney to ensure you have help on your side.