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2 lesser-known DUI defense tactics

If you are facing DUI charges in New Hampshire, you may feel like your situation is hopeless. The consequences of a DUI conviction are harsh and can take you a long time to bounce back from long after you have paid your debt to society. Though you do not believe it is possible to beat or reduce a DUI charge, there are defense strategies that can help. 

It is important for you to have a good recollection of the events that transpired on the day or night of your arrest. Even the smallest details can hold crucial pieces of information that a good defense attorney can use to weaken the prosecution’s case against you. Here is a brief overview of DUI defense strategies that may apply to your situation. 

Medical condition defense 

Breathalyzer tests are not always accurate. If you took a breathalyzer test, it might be possible for you to claim that you were suffering from a bad case of GERD or heartburn, auto-brewery syndrome, diabetes or some other medical condition that can generate a false positive on a breathalyzer test. The chances of success for using a medical condition as a defense are dependent on your medical records and expert testimony. 

Alcohol odor defense 

Smelling like alcohol does not provide a true picture of how intoxicated you may or may not have been at the time of your arrest. The arresting officer cannot determine your level of intoxication from the smell of your breath or clothes. It is possible for you not to have a blood alcohol content above the limit but still have the smell of alcohol on your breath. This defense tactic is dependent on if you took a breathalyzer test and other field sobriety tests. There must be sufficient evidence to show that you were impaired at the time of your arrest, besides the officer’s claim that you reeked of alcohol. 

Many innocent people face DUI charges and end up with convictions when there is spurious evidence against them. To avoid a similar outcome, you should seek out a good DUI defense attorney. He or she can review your case and offer guidance on several defense strategies that can help minimize the impact of the DUI charge on your life and improve the chances of having it tossed out to avoid a conviction.

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Follender Law Offices, P.L.L.C.
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Nashua, NH 03060

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