It’s difficult to fight consecutive DUIs in court, but what if this is your first one? Couldn’t the court be lenient since you made one mistake? The answer is mixed. You need an excellent DUI defense attorney to argue your case as well as a solid defense.
Believe it or not, there are ways to defend yourself against these charges. Here are some of the best ways to help alleviate your sentencing and reduce any penalties.
Probable Cause
In most cases, police require probable cause to stop any vehicle on the road. They must believe that you have broken the law before pulling you over, not after the fact. Police routinely cite any traffic violation as the reason, but you may be able to prove that this allegation wasn’t the case with a dashcam.
If they had no reason to pull you over, then most courts will argue that any evidence obtained afterward is inadmissible. DUI checkpoints and roadblocks are an exception to this rule, though. If you were swerving, failed to stop at a sign or light, or speeding, then this defense isn’t going to work.
Miranda Rights
Police are required to read your Miranda Rights upon arresting you. They often do so before placing you in custody and questioning you. The purpose of these rights is to let you know that anything you say may incriminate you.
Without being read your rights, your statements cannot be accepted as evidence in your trail. Car accident attorneys at Bowling Law have successfully alleviated some of their clients’ charges using this defense. It isn’t a cure-all, but it can help.
Your Behavior
While most states utilize breathalyzers to judge inebriation, some areas still rely on your conduct. Officers look for the following during a stop:
- Bloodshot eyes
- Slurred speech
- Your ability to pass field sobriety tests
- Poor driving
- And any unusual behavior
You can challenge the officer’s observation of your conduct when they pulled you over, working to prove that you are not guilty of the list of signs and symptoms above. Keep in mind that it is extremely challenging to convince a judge or jurors to take your word over an officer’s, though.
You can, however, challenge these observations with valid explanations. Exhaustion, physical disabilities, and speech impediments can all be misconstrued by an officer. Your bloodshot eyes could also be the result of allergies or irritants. To make this defense, these claims must be proven true.
Witnesses
One of the best defenses for DUI is a witness. Was there someone with you who can testify that you were not drunk or acting as if you had consumed too much alcohol? You can’t rely on passengers for this defense. Instead, a third party must have been present during the traffic stop.
Test Accuracy
Finally, you can challenge the accuracy of any tests the officer used. This is especially true for chemical tests. Determining blood alcohol concentration, for instance, often requires an expert. Breathalyzers are known to register certain foods and medications as alcohol, too.