Despite what you may have been told, there are defenses to a D.U.I. charge and the charges that go along with it. Like any other criminal defendant, you are presumed innocent and have certain rights guaranteed to you by the constitution. A good DUI defense attorney will be familiar with several defense tactics that have been proven to work for his or her clients, to secure an acquittal or justify a lesser sentence. If you have recently been arrested for drinking and driving, it is imperative that you contact an attorney to begin fighting the serious charges against you. An attorney can discuss, examine and review your case and make the best evaluation possible. There are a myriad of circumstances and challenges of evidence to consider. No one can promise you an acquittal, but your chances are enhanced with the aid an attorney who understands the law, the system, the procedures and will fight for you.
Some of the circumstances your attorney will examine include
A motorist can be stopped for a variety of reasons, including improperly working equipment on your car, erratic driving or if an officer has a reasonable and explainable basis to believe that a traffic law or other law has been violated. The Police may only pull over a driver who is suspected of DUI if there is probable cause. If it can be proven that there was no justifiable reason for the traffic stop, the defense attorney may request a suppression hearing. The judge will then decide if the officer had a legitimate reason for pulling the driver over for a DUI stop. If there was not, the entire DUI case will be thrown out. The police may not:
Some of the requirements for the police to administer a Breathalizyer / Blood Test include:
The prosecution must also prove that the defendant was driving. This may be difficult if, as in the case of accidents, there are no witnesses to you being the driver of the vehicle. Most drivers quickly admit they were driving, although they had the right to remain silent.
Driving under the influence is an area of the law that is complex, scientific, and technical. An attorney who doesn't routinely defend these types of cases will put you at a severe disadvantage when it comes to truly understanding the science and laws that make this type of case so truly unique and entirely possible to defend.
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