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What Are Some Unconventional DUI Defenses That Actually Work?

Criminal Defense

DUI offenses in Denver can have severe consequences like license suspension, fines, higher insurance rates, and jail time. But being charged with drinking and driving doesn’t mean that you’ll be convicted. A good defense may be able to secure a favorable outcome – here are some unconventional ones that just might work.  

Unreasonable Length Of Detention

In some cases, officers may prolong the duration of a traffic stop without a valid reason, such as waiting for backup or deliberately creating circumstances to gather evidence for a DUI arrest. An attorney can examine the specifics of the traffic stop, scrutinize the officer’s actions, and assess whether there was an unjustified prolongation of the detention. If you can prove that the stop went beyond what is considered reasonable, it may weaken the prosecution’s case.

The Officer Never Saw You Driving 

Prosecutors will need to establish that you were indeed operating a vehicle under the influence of drugs or alcohol. If there is no evidence proving that you were, in fact, driving, this defense can be used to challenge the charges against you. 

The Officer Didn’t Observe You Before Testing 

Another defense strategy involves questioning whether the arresting officer adequately observed your behavior before administering a breathalyzer test. This is to ensure you didn’t eat, drink, have acid reflux, use mouthwash, or do anything else that could potentially impact the test results. If the officer neglected to do this, you may be able to have your test results thrown out. 

Your Drink Was Drugged 

In some cases, people may unknowingly consume substances that impair their ability to drive, making them susceptible to a DUI charge. Alleging that your drink may have been spiked with drugs without your knowledge is an unconventional but potentially effective defense strategy. But supporting this defense might require evidence such as drug or toxicology tests to demonstrate the presence of illicit substances in your system. 


Despite the seriousness of DUI charges, the law provides individuals with several defenses that can potentially lead to a good outcome. However, it’s imperative to have an experienced Denver DUI lawyer on your side who can help you understand legal complexities and arm you with the best possible defense. 

Call Richard B. Huttner now for a consultation to discuss potential defenses that may be able to help you avoid a criminal conviction. Dial 303-981-6366 now.

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