Being arrested for driving under the influence can be a terrifying experience. Many people who have been arrested for these offenses are confused about their rights and scared about what the upcoming weeks may hold.
Defending Your Case In Court
It is important to remember that in our court system, you are innocent until proven guilty. In spite of what you may have heard about DUI cases, there are several defenses to a drunk-driving charge. The National College for DUI Defense offers training seminars across the nation to keep attorneys abreast of the latest information in defending drivers charged with DUI.
A good DUI defense attorney will be familiar with several defense tactics that have been proven to work for his or her clients. If you have recently been arrested for drinking and driving, it is imperative that you contact an attorney to begin fighting the serious charges against you.
One common defense that is used in court is that the officer had insufficient evidence against the defendant. An arrest is often determined by the officer's observations (e.g., slurred speech, bloodshot eyes). However, something like bloodshot eyes can be put into question in court. It may be that the defendant was sleep deprived or had allergies at the time of the arrest. The attorney can argue that the officer's assumptions were unreasonable.
Refuting Probable Cause
A law enforcement agent may only pull over a driver who is suspected of DUI if there is probable cause. If it can be proven that there was no justifiable reason for the traffic stop, the defense attorney may request a suppression hearing. The judge will then decide if the officer had a legitimate reason for pulling the driver over for a DUI stop. If there was not, the entire DUI case will be thrown out.
Another common defense tactic is the rising BAC defense. A driver is guilty of drunk-driving if his or her blood alcohol content is over the legal limit at the time of driving, not at the time of the BAC test. Because alcohol takes time to go through your system, it is possible to be under the limit while driving, but over the limit thirty minutes later. This defense typically works if there is an extended amount of time between being stopped and taking the chemical test.