Dirk Padgett Law PLLC
Former Special Assistant U.S. Attorney / Former Military Prosecutor / Former Deputy Commonwealth’s Attorney

Defenses a lawyer can use against DUI charges

DUIs are serious. Being pulled over by a cop and suspected of drunk driving is sure to cause most people to panic or become stressed. Do not suspect the worst yet. Even if you are charged with a DUI, you can challenge the charges. There are many defenses a lawyer can use to get your charges dropped or your penalties reduced.


You may want to believe that police officers will always "do the right thing," but sadly, they may abuse their authority or force you into situations that get you into legal trouble. This is called entrapment. If you were coerced into drunk driving by the police only to be pulled over afterwards, this could be a valid defense for your case.

Involuntary drinking

It is possible that you did not know you had consumed alcohol. Maybe someone spiked your drink or falsely told you a beverage was non-alcoholic. If you did not know you were intoxicated, you do not deserve a DUI conviction.

Improper Police Stop

Officers must have a reason to pull drivers over. Even if an officer claims you were swerving, changing speeds or other behaviors that are associated with drunk driving, there are other explanations. An attorney may be able to prove that these behaviors were caused by other factors like stress or tiredness.

Violation of Rights

The police enforce the law but they must also follow it. You have rights during a police stop that must not be violated. If they are, your charges could be invalid.

Inaccurate Tests

Breath and blood tests are still the standard for determining BAC levels (blood alcohol concentration). There are many factors that can cause these tests to produce false results though. Breathalyzers can be calibrated incorrectly or show falsely high BAC levels after burps or because of certain foods you consumed. Blood tests can get tainted. Just because a test shows you are over the legal limit does not mean it is true.

What should I do if I am charged with a DUI?

The first thing to do is remain calm and contact an aggressive criminal defense attorney who will fight against your charges. There are even more defenses against a DUI than the ones listed here, so never assume that the police have the final say when they pull you over. An attorney can stand firmly by your side and work toward the best possible outcome for you.

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He Prosecuted Al Qaeda.
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Throughout Mr. Padgett's career, he has worked on cases covering a wide variety of offenses, from white collar crime and larceny to war crimes and capital murder. In 2009, he served as lead prosecutor in the trial of Ibrahim al Qosi, an al Qaeda member and bodyguard to Osama bin Laden, at Guantanamo Bay Prison.

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