DUIs are a common charge and many people can fall into the belief that they are unable to fight against them. There are actually a number of defenses available and the best way to find out which relates to your case is by speaking with a professional. The following are some defenses that have been found as valid in many cases but there are many more that are not listed.
Officers are not always above the law and they do have procedures that they have to follow. Failing to do this may mean that a case is eventually dismissed. Not following procedure may include failing to deliver a field sobriety test or chemical test properly by following the administrative rules and statutes. Devices used for a chemical test can also be faulty and this should be investigated in a case to determine if they malfunctioned during the inspection.
Another potential cause why a charge may be questiond is if the stop or arrest was improper. This means that an officer stopped or arrested you without sufficient reason to do so and evidence may be discarded if this can be proven. The point of a DUI case is to show that you were drinking at the time of the accident and if a chemical test was not taken until you had already been arrested and a considerable amount of time had passed, it may not hold the same level of credibility.
After an arrest is made, Miranda rights must be read. If they are not and you say something incriminating, an attorney can pursue having this information suppressed. One way that the prosecution may try to portray you as guilty is by noting that you were not driving safely. The fact of the matter is that alcohol does not need to be present in a person's system for them to not be operating their vehicle in a safe manner. Just because an officer did not approve of your driving does not automatically mean that you were under the influence.
An officer will often consider your outward appearance when investigating if you have been drinking and things such as redness in the face, watery eyes or slurred speech may trigger them to suspect the consumption of alcohol. There are other reasons for these signs to occur though, and an attorney can argue that you could have been nervous, suffering from allergies and dealing with other factors that influenced you behavior and appearance. You may also have had alcohol on your breath but unless you are over the legal limit, having a drink is not a crime. The prosecution will have the burden of proof, obligating them to show that you were over the legal limit while driving. There are numerous ways that these allegations may be fought and our firm may be able to help.