Beating DWI DUI Charges With Evidence Against You
Forget the odds: you can successfully defend yourself against DUI charges. It's not easy, especially without legal counsel. However, there are many strategies for success. This blog guide gives you five.
Why were you pulled over?
The Fourth Amendment of our constitution has this seemingly minor law: an officer cannot commit unreasonable searches and seizures against you. In practical terms, you cannot be pulled over because you are a minority, because you look different, because you drive different, and for a variety of other reasons. You have rights. If you get pulled over at random and for no reason, your lawyer can likely challenge the arrest. If the arrest was begun in the wrong way, that is against the law, even if you had been drinking. That means you can challenge the reasons for the arrest and have the whole case thrown out.
You have rights. They need to be told to you upon arrest. This is the Miranda statement. If an officer pulls you over because you're driving oddly, questions you, and then gives you a Miranda warning, that is correct. However, that is not always how it goes. If the arresting officer fails to explain your rights, it's a legal error and can be used in court.
Did you know the breathalyzer fails?
Another defense against seemingly impossible odds is questioning the validity of the breath tests given to you. You can still win. This is touch and go for law enforcement: the breathalyzer test can be wrong. There is no difference if you are a 100 lb woman or 250 lb man. So you may be fine for your size, having no trouble driving, but fail the breath test. And it's subject to human error as well: officers are trained on how to use them, but errors occur.
The Arresting Officer Makes a Mistake
In the majority of DUI cases, the arresting officer can give quite damning evidence against you. However, if your lawyer can find holes in his her her statements, it can be damning for the prosecution. Thee are rarely any other witnesses, and simply raising questions and showing how laws weren't followed can mean you are found not guilty.
Get the Right Lawyer
If a lawyer charges too low, you may want to question how experienced he or she is. You have to pay to beat a strong DUI charge. However, you need not spend a fortune. Few of us can spend $20,000 to $30,000 to win, but with the right lawyer you need not spend that much. Keep in mind that your paying for a complex service. You have many options, but ensure your lawyer specializes in DUI law, has time for your case, and can actually beat this charge for you. Many offer free initial consultations and case reviews, the best ways to get started.