If you or someone you know recently had a DUI (driving under the influence) also called DWI (driving while intoxicated) in some states, you likely face drivers license suspension. There are a variety of ways to get pulled over under suspicion, get the DUI , and to defend a DUI arrest. Let’s go over how you get the DUI.
First, it depends on how you and the officer handle the DUI. It varies depending on whether you refused a breath, urine, or blood test for alcohol; if your blood alcohol level was 0.08% or more; and if you have prior convictions for a DUI.
For instance, all states consider a second or third DUI offense cause for stiffer penalties. If you get pulled over frequently, you not only will get your drivers license suspended, but also face fines and potentially jail time. The worse it gets the worse the result.
If you refused a blood, urine, or breath alcohol test, many states have laws in place to punish you for that. This is called the “implied consent” law, where you are required by the police to take the test, and if you don’t you face license suspension in some cases, if not stiffer penalties. Usually you can expect an immediate drivers license suspension of 3-12 months, and other penalties. Also, even if you fought the case and won, the implied consent law allows for your license suspension to run its course.
How Do You Fight License Suspensions for DUI?
Fighting against DUI cases involves a variety of strategies. It’s best to immediately hire a DUI lawyer, as handling your own case rarely works out. If you cannot afford a professional DUI lawyer, ask the court to appoint a lawyer for you
Since the penalties for DUI violations are strict in every U.S. state, there are many strategies in fighting them. The prosecution makes it’s own case based on what happened, focusing on the fact you are the person being charged with driving a vehicle while “under the influence” of alcohol. You were drinking and driving, in other words.
The defense for DUI involves questioning the prosecutions case. You might argue you were in fact not driving the vehicle; it may have been parked and you had been drinking. In this case, you might be waiting in a store parking lot for your husband or wife, and the officer charges you.
If the officer had no “probable cause” for pulling you over, you can also fight that. You can challenge the arrest based on the facts the officer uses; if they seem to lack enough to be a DUI charge, it can help your case.
Another strategy involving the way the officer arrested you for a DUI is that if he or she did not give you a miranda warning–the classic “you have the right to remain silent” requirement all officers must use. If there was none, you can fight on that fact.
Fighting License Suspensions
Beyond fines and jail time, you often lose your license for 3-12 months for a DUI arrest, often more after a second and third arrest. Since it can be difficult to get your license back in a short amount of time, fighting the case in court is even more important. However, the problem is that these cases are often hard to fight, as DUI arrests are very common and many judges are not lenient.
In any case, you should hire a professional DUI lawyer to fight for your rights. A DUI lawyer can help fight license suspensions or get your your license back.