Potential Defenses to a North Dakota DUI Charge

Facing a DUI charge in North Dakota or Minnesota can be overwhelming but recognizing that you have rights and options can help. While every DUI case is specific to its own set of circumstances, an experienced Fargo criminal defense attorney will carefully consider your situation and will help you build your strongest defense. A DUI conviction isn’t just a mark on your record – it can have long-lasting negative repercussions in your life. If you’re facing DUI charges, bring your best defense by obtaining the professional legal counsel of a dedicated Fargo criminal defense attorney today.

Probable Cause

Generally speaking, a police officer needs reasonable suspicion to pull you over in the first place. Nearly any traffic violation can be sufficient. If the officer had no legitimate reason for pulling you over in the first place, the court is unlikely to consider any evidence that was subsequently gathered against you. Even if the officer has enough probable cause to pull you over, this doesn’t mean that he or she has the necessary reasonable suspicion to arrest you for DUI. The officer’s observations of your behavior can suffice for such an arrest. As you can see, working with an experienced criminal defense attorney is very important.

The Breath and Blood Tests

Many people believe that if they fail a breath and/or blood test at the time of arrest that they have no possible defense, but this simply isn’t true. The arresting officer and the tests themselves are held to exacting standards, and if either isn’t in alignment with state laws, the evidence collected may not be admissible.

The Officer’s Observations

The arresting officer will observe you for signs that he or she believes are suggestive of you being under the influence of alcohol and/or drugs, and these observations can play an important role in your case:

  • Poor driving
  • Poor performance on field sobriety tests
  • Erratic behavior
  • Physical indicators, such as bloodshot eyes and/or slurred speech
  • The odor of alcohol

Although an officer’s observations can be compelling, they are not necessarily the final word. For instance – if there was a witness at the scene who saw things differently than the arresting officer or if you have a valid alternative explanation for the officer’s observations (such as fatigue causing your poor performance or allergies causing your bloodshot eyes) – it could amount to a valid defense, depending on all the facts of your case.

If You’ve Been Charged with DUI, Consult with an Experienced Fargo Criminal Defense Lawyer Today

Driving under the influence is a serious charge that can have significant negative consequences now and into your future. You don’t, however, have to resign yourself to whatever comes your way. The dedicated criminal defense attorneys at O’Keeffe O’Brien Lyson Foss in Fargo have the experience, skill, and commitment to build your strongest case and to aggressively advocate for its best possible resolution. Our legal team is here to help, so please don’t hesitate to email Tatum O’Brien or give us a call at 701-235-8000 or 877-235-8002 (toll-free) for more information today.

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