What To Know About Fighting Your DUI Charge

Law Blog

If you have been arrested for driving under the influence (DUI), you may be facing some strong emotions. This charge can bring embarrassment, fear, anger and other feelings, and dealing with the after-effects of a DUI arrest can be challenging. One of first realizations should be to understand that being charged is not the same as being found guilty. You still have the right to defend yourself against these charges, and you may find your case outcome is more positive with the help of a defense attorney to advocate for you. To help you understand what some possible defenses against the charges could consist of, read on.

Get your case off to a good start

If you were able to be bailed out of jail, one of your first acts should be to make an appointment with a defense attorney. Show up at this first meeting with as much information as you possibly can; it can help you get your attorney up to speed quickly. One of the first pieces of important information will be the police report of the arrest, and it can often be obtained a matter of days after your arrest. Another important action you can take is to take some quiet time to make some notes of your own. You must understand: everything that happened during your traffic stop is pertinent to your case, so see how much you can recall about what the officers said and the actions they took during your stop and field sobriety testing.

Issues that could turn into a defense

Every single facet of your experience has the potential to positively affect the outcome of your case. The law defines traffic stops and field sobriety testing very specifically, so any deviation in procedure or variable in your reactions to it could be important. For example, your attorney may question:

• Was the breathalyzer test conducted legally and are the result valid?
• Was the initial traffic stop prompted by legal suspected improprieties? Was the stop a legal one?
• Could any of your statements at the scene be suppressed?
• Was the search of you and your vehicle a legal search? Was there probable cause for the search?
• Is there any possibility of duress or necessity?
• Were you actually in physical control of the vehicle at the time of the incident? For example, there is no law against sitting in a car and "sleeping it off" or waiting for a sober ride as long as the ignition is off at the time.
• Were you read a Miranda Warning?

There are many, many more defenses available that offer the potential for exoneration. Speak to a DUI lawyer today. 

27 July 2017