Insights Into How Our Legal System Works

DUI Defenses: What You Need To Know

15 January 2019 by Yolanda Lane

If you are charged with a DUI, you may not automatically face charges. Some defenses allow you to reduce your charges, maintain your driving privileges, or even drop the charge altogether. The following are some defenses to DUI you may have if you are arrested:

Law Enforcement Had No Probable Cause

If the police who pulled you over had no probable cause to do so, you may be able to fight the DUI charge. For instance, if you were not swerving on the road, speeding, or otherwise driving erratically, you need to get to the bottom of why you were pulled over. For instance, if you were pulled over as a response to racial profiling and you were subsequently found with alcohol or drugs, you can argue the officer had no reason to pull you over other than your race, you can fight the charge and possibly win.

The Officer Did Not Issue a Miranda Warning

Law enforcement is required to read you your Miranda Rights when you are arrested. Miranda warnings are used to inform you of your rights with regard to anything you say being used against you once you are arrested. If the officer forgets or fails to read you your rights or does not read you all of your rights, you may have a reason to exclude certain pieces of evidence against you, particularly incriminating statements.

A Witness Can Vouch for You

If you have a witness who can provide a testimony stating you were not under the influence, your charge could be dismissed or reduced based on the type of evidence they provide. An example could be that you were driving in such a way because you were distracted behind the wheel. Even if you had some alcohol in your system, if it was not above the legal limit and your witness can provide a credible testimony to your actions, the judge may not punish you as harshly.

Your Behavior Is Valid Based on a Good Explanation

If the officer arrested you only because you appeared intoxicated through your look or your actions, like red eyes or off-balanced walking and with no further testing, you have a case to have your charges dropped. If you have proof that you were only arrested because of your actions, you could argue your eyes were red because you have not slept or have allergies. If you seem intoxicated but are taking legal medication that makes you sleepy, you may not be charged with a DUI. Be sure to contact your DUI lawyer right away if you think you have a good DUI defense.

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