Drunk driving is one of the leading causes of road mishaps in the US. Intoxicated drivers are likely to lose control or make negligent mistakes that can injure others on the road. Not surprisingly, thousands of Americans face DUI charges every year because law enforcement agencies want to set examples for the public. The implications of these charges are dire as you may face mandatory fines, lose your license, or even land in jail. It is crucial to understand that DUI charges are defendable, and not all of them are legitimate. You can present a robust legal defense with the right strategies and save yourself from the penalties that ensure these charges. Here is the best DUI defense advice you can follow to get out clean.
Remember that bad driving does not translate into DUI
An officer may arrest you if they find your driving pattern erratic or poor. For example, speeding or weaving within your lane is often considered a sign of intoxication. But it does not automatically translate into DUI. You can establish that the officer only assumed that you were under the influence of drugs or alcohol at the time of the arrest. Moreover, it is possible to prove that even sober drivers indulge in such practices, and the accusation may be baseless.
Intoxication symptoms do not establish DUI
Another argument that can serve as a viable defense against DUI charges is to prove that intoxication symptoms are not definite indications of a drunk state. Officers consider the driver's physical appearance the mainstay of their investigation and charges. For example, they record signs such as a flushed face, red, watery eyes, slurred speech, unsteady gait, and strong alcohol odor on your breath and present them as evidence in court. But you can challenge the evidence by stating that your symptoms were caused by a cold, allergies, fatigue, or eye irritation.
Hire a DUI specialist lawyer
It is crucial to note that you cannot present a DUI defense on your own, so hiring a lawyer is not a choice for offenders. The best advice is to look for a DUI lawyer because they have relevant experience and expertise. You must get a specialist on board, whether you seek settlement or go through a court process. These cases involve complex defense strategies to counter the claims of the law enforcement officer who arrests you for the offense. You can rely on someone with a proven background within the jurisdiction to get you a clean chit.
Challenging evidence is your best bet
You can face a DUI arrest if the authorities can provide evidence validating you were intoxicated. These include a breathalyzer test, field sobriety test, and physical signs noted in the arrest report. However, you can challenge evidence by digging deeper to prove it is invalid or inadequate. For example, your lawyer can establish that the arresting officer overlooked factors such as the weather at the time of arrest or the effects of regular medication. It is possible to dispute the evidence provided by the authorities if you present the facts they failed to include in the report.
Prove the absence of mental impairment before the arrest
A DUI offense is not dependent on the presence of the physical effects of intoxication. Mental impairment is another crucial aspect of the case. Simply speaking, the arresting officers must prove that your mental condition was impaired due to intoxication. You can dispute it by stating that you were responsive and conscious during the arrest. If you conducted yourself in an orderly manner and have witnesses to testify for the same, you have a solid defense to prove your innocence.
You can state that the arresting officer failed to follow protocol
Experts recommend using failure to follow arrest protocols as a defense strategy for DUI cases. If the officers fail to follow proper procedures for arrest, you can state it in court. These procedures are designed to protect the DUI accused from police misconduct. For example, the officer must have probable cause for a traffic stop. They must also read out the Miranda rights prior to an interrogation. Violating these protections means you can seek a suppression hearing.
A DUI allegation need not be daunting because a viable defense strategy can get you out of the fix. But everything boils down to finding one that is robust enough to save you from the grave implications of these charges. It is also crucial to find the right legal expert to present the apt arguments in court.
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