A DUI/DWI often comes with severe penalties, but there are a variety of DUI defenses that can be used depending on your situation. Read on to learn more about the most commonly effective defenses.
One of the most common types of DUI defenses is based on whether you were actually driving at the time of the alleged intoxication. Most DUI cases involve a driver who has been pulled over, so it is difficult to argue that you were not driving. However, if the officer did not witness you driving and the car was parked or idle, there may be room to build a defense.
The most common DUI defenses are those based on the arrest itself. If the arresting officer did not have justification to make an arrest or stop your vehicle, the evidence gained from such a stop may be found inadmissible in court. The evidence may also be inadmissible if the officer did not follow the proper protocol while making the arrest. In such cases, any evidence gained from the arrest or the search of your vehicle may be ineligible for use in court. This is an ideal defense in many cases because it can render breathalyzer test results and the officer’s testimony inadmissible, resulting in the charges against you being dropped.
Miranda Warnings Violations
Upon arrest, the officer is required to read your Miranda warnings. These warnings include the right to remain silent and that anything you say may be used against you in court, among others. If you were not provided these warnings, or if your Miranda warnings were read incorrectly, some evidence may be excluded in trial. For example, if the officer failed to warn you that your words could be used against you during an arrest, you may be able to have your words excluded from court evidence.
The arresting officer’s testimony makes up a significant part of any DUI or DWI case. His or her impressions as to your state of inebriation may or may not be admissible in court, depending on how the arrest was handled. If the officer testifies that you were traveling at uneven speeds or crossing the center line of the road, for example, you may be able to challenge these assertions with contradicting evidence. You may also be able to challenge the officer’s assessment of your performance on field sobriety tests. Witnesses who had a different perspective may be able to testify on your behalf as well.
These DUI defenses could mean the difference between a dropped charge and losing your license, paying a large fine, or even facing incarceration. Contact an attorney for more information on the best defense in your case.