Getting a DUI is a serious problem, even if no one was hurt in an accident. The legal and collateral consequences of a conviction can last for years or a lifetime and can make any future charges come with more severe consequences. No matter what kind of DUI charges you are facing, several defenses may be able to help you keep your record clean. Here are a few examples of defenses that you and your lawyer can consider:
Unlawful traffic stop
In order for police to legally pull you over for a DUI or any other traffic stop, they need to have probable cause. “Probable cause” is the basis that grants police the ability to arrest or search someone. Examples of this legal basis include pulling you over for driving erratically, committing a traffic violation, or even searching for a vehicle with a similar description. Without probable cause, any resulting charges may not last in a courtroom.
The “walk the line” test, the “touch your nose” test, and the “backward alphabet” tests are all commonly used as a way to determine intoxication, but they are not always accurate. These tests cannot account for physical or mental abilities, meaning the results of these “tests” may not be reliable. If officers only have these results as their evidence of your intoxication, your lawyer may be able to have the charges dropped.
Anyone can make mistakes, but if the arresting officer makes a mistake, it may free you of your charges. Improperly handling the evidence and failing to read you your rights are only a few of the ways the officers can mishandle an arrest. Your lawyer can review your case to determine if any mistakes may help beat your charges.
Do not give up on your case
Even if you think there is no chance of winning your case, your lawyer may be able to find something you can use in your case. These are only a few of the defenses that are available for anyone facing DUI charges, so be sure you have an attorney to help you fight to overcome your charges.