Being arrested for driving under the influence can happen to the most conscientious of people, and you should understand that being arrested is not the end of the world. In fact, there are several steps in the justice system that serves to protect those accused of crimes, and one of the most important is the right to mount a vigorous defense against charges. If you have been arrested for DUI, you must focus on clearing your name and getting professional legal representation. DUI charges can be beaten, and not everyone charged goes on to serve punishment. Your DUI lawyer will use several methods to reduce or throw out your DUI charges, so read on to get a better idea of what to expect in your quest for justice.
Review Your Case
You can best help your case and stay employed if you can be bailed out of jail as soon as possible. Once free, you would be doing your case a big favor by recalling as much as possible about the stop and arrest for your DUI. Details are important, and though there will likely be dash-cam or body-cam footage available, don't rely entirely on that to make your case. Every little aspect of your stop should be lawful and correct, and any variation is grounds for a defense.
Potential Defenses
There are procedures to follow for everything a law enforcement officer does, and when it comes to DUI arrests, there is a lot to do. Field sobriety testing is not infallible, and your attorney will seize on any discrepancies to cast doubt on the charges. Take a look at just a few areas of concern:
1. The reason for the stop -- you cannot be pulled over for no reason, and it must be a legitimate reason.
2. The reason the officer was prompted to perform field sobriety testing.
3. How the testing was carried out and the accuracy of the results. Only trained and certified personnel can perform these tests, and they must be performed a certain way.
4. Whether or not you have certain physical or mental limitations that could have improperly skewed the tests.
5. Whether or not there was a language barrier affecting the tests.
6. Whether or not probable cause existed to perform a search of your vehicle.
7. The potential for duress or necessity defenses.
8. Whether or not you were in control of the car. You may have been parked with the ignition off, and depending on your state laws, you or may not be liable for DUI.
9. Were you properly "Mirandized"?
There are too many small issues that could affect your case just to assume that you are going to be found guilty. Get a defense attorney on your side as soon as possible and work with that attorney on clearing your good name.
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