A lot is on the line if you are facing a DUI charge. Depending on your state, a conviction could mean suspension of your license, steep fines or even jail time. Therefore, it is important to counter these charges to avoid the potential penalties that may negatively impact the quality of your life.
Below are the possible defenses you could rely on to beat the charges against you.
The police did not follow the proper arrest procedure
When the police arrest you for any crime, they have to follow the law. There has to be probable cause to arrest you or search your property. Probable cause means that the police need reasonable grounds to believe that you have committed a crime. For the traffic stop that led to your DUI arrest, law enforcement officers need probable cause, too, although sobriety checkpoints are an exception.
In addition, if you made an incriminating statement without having been read the Miranda warning, it may not be admissible as evidence.
Dispute accuracy of the field sobriety and Breathalyzer test
Field sobriety tests are not foolproof, and you can dispute their accuracy. Besides, some of these sobriety tests may not be appropriately administered, resulting in a wrong conclusion.
A malfunctioning Breathalyzer may also give incorrect information, and it is up to the police to prove that you were drunk driving.
Claiming you were not drunk behind the wheel
This defense may apply when your blood alcohol concentration(BAC) was below the legal limits when driving but rose by the time police ran their tests. Alcohol takes time to be absorbed in your body, depending on several factors. If you waited for a significant time for the BAC test to be done, you could claim the levels rose during the wait.
A DUI is a criminal offense, and as such, the burden of proof lies with the prosecution. However, it is crucial to be a step ahead in going against such serious charges. A successful defense could see your DUI charges dismissed, saving you a lot of headaches.