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DUI / DWI Resources
5 Common Defenses To DUI Charges
A conviction for Driving under the Influence, or DUI, may carry serious consequences. Fortunately, the law offers many protections to criminal defendants, and an experienced defense attorney can raise many challenges to the prosecution's cases. Here are five common DUI defenses:
- Suppressing Evidence
- Challenging The Test
- Questioning The Officer's Credentials
- Challenging The Identity Of The Driver
- Arguing The Location
To use any evidence at trial, the prosecution must prove that it was not obtained illegally. In DUI cases, the whole case often depends on whether the arresting officer legally stopped your car. If the officer did not have probable cause to pull you over and question you, the judge may dismiss the case entirely.
If the prosecution intends to rely on a chemical blood test or a breath analysis report, an attorney may be able to attack the results. The prosecution must establish that the equipment was properly calibrated and that the test was administered by a qualified technician.
Law enforcement officers may testify that they could tell, based on their training, that you were drunk. An attorney can question whether the officers had the necessary expertise to reach that conclusion.
It is not illegal to be drunk. The prosecution must prove beyond a reasonable doubt that you were the one driving the car. Attorneys often obtain acquittals by showing that other people were in the car, but they left the scene before the police arrived.
DUI laws only apply to public areas like highways and parking lots. If you were driving on private property, you cannot be convicted. Many defendants are acquitted because they were driving on a farm or private lot.
Contact An Attorney Today
If you have been charged with DUI, every person involved with your case wants to see you go to jail. Fortunately, the Constitution guarantees you the right to hire a lawyer to protect your rights. Experienced DUI attorneys can often force the prosecution to dismiss the case before trial or offer a good plea bargain. If you have been arrested, now is the time to make the call.