In order to defend against such a charge, you must be ready and able to demonstrate, either through independent witnesses who can attest to your lack of intoxication, or through critical examination of the results of the Intoxilyzer or blood tests; the precision and proficiency with which the officer conducted the field sobriety tests; the training and experience of the persons who conducted any chemical tests; the constitutionality of any stops, searches and seizures; and the credibility and reliability of the statements of any witnesses. As with any criminal charge, the city or state bears the burden of proving the charge against you. Because of an increased political and public intolerance toward those who drink and drive, however, defending against a DUI charge has become more complicated, while the penalties upon conviction have become more onerous.
This FAQ provided courtesy of
Hulnick Law Offices.
