Don't Be Defenseless: What To Know About DUI Defenses

1 February 2017
 Categories: Law, Blog


For those who find themselves arrested for driving under the influence (DUI), you may be experiencing a mixture of feelings. Shame, fear, anger, and disgust are common, and dealing with your loved one's reactions can only add to the confusing mixture. Relax and take a deep breath; your life is far from over. Just because you were arrested for the charge does not mean that you will be convicted and sentenced. You have a long way to go on your road to clearing your name, so keep a firm grip on your emotions. While a good defense attorney to represent you is a must, it may help you feel better to understand how your attorney may handle your case. To learn more about some DUI defenses, read on.

Your initial visit.

You can get your case off to good start by providing your new attorney with as much detailed information as possible. Your arrest or police report should be available several days after your arrest, and you should make notes of everything you remember about the event as soon as possible. You should understand that the way the roadside stop was carried out and the manner that you were given sobriety tests could play a key role in your case, so concentrate your efforts on these areas and provide your attorney with some detailed information to work with.

Common Defenses

There is no such thing as a simple, straightforward DUI case, and your attorney will seize on every issue below to get your charges reduced or dropped. Any sign of impropriety or a failure to follow proper procedure could throw the state's case against you out of court. Some common areas your attorney will explore for improper actions are:

  1. The validity of DUI breathalyzer test results and any other field sobriety tests.
  2. The possibility that officers made an illegal stop.
  3. The potential to have your statements at the scene suppressed.
  4. The quest to have all DUI evidence suppressed due to search without probable cause.
  5. The potential for a necessity or duress defense.
  6. The lack of proof of actual physical control. This refers to people who may be sitting in the driver's seat, but not actually operating the vehicle. This might occur if someone was waiting for a ride, or simply "sleeping it off" in their cars.
  7. Lack of a Miranda Warning reading.
  8. Lack of a speedy trial.
  9. And more.

As you can see, there are many more aspects to a DUI case than many of those arrested consider. Do your part by providing your attorney with the information they need to proceed with your case, and make provisions to ensure that you never face this situation again. To learn more about the services a DUI attorney can provide, click here for info.