Being charged with a Driving Under the Influence (DUI) can be very serious. A conviction can lead to a license suspension or revocation, heavy fines, and even jail time. But according to the NOLO Law for All website, there are a number of defenses against the charge.
You could claim that you were not driving while under the influence. This claim is a particularly rare defense as most DUIs take place after a traffic stop. But it could be used if the officer approached you while you were behind the wheel in a stopped car even if you were preparing to drive away.
Sometimes officers do not follow proper procedures when pulling you over and subsequently arresting you for a DUI, such as giving a Miranda warning. Lack of probable cause for arrest is also a good defense. A defense lawyer may get the evidence, such as a sobriety test or a breathalyzer thrown out, leaving the prosecution with no case.
You can also challenge the arresting officer's testimony in court, bringing in witnesses who saw things differently, and offering alternate explanations for your appearance and behavior. Red, bloodshot eyes and slurred speech can be explained by claiming fatigue or by having taken prescription medication.
You can challenge the results of a sobriety test, claiming that it gave a false positive or was improperly administered. Also, you can take advantage of the fact that it takes time for alcohol to be totally absorbed into your body. In theory, you might not have been under the influence when you were stopped, but then became so by the time a sobriety test was administered.
You need a skilled lawyer who is experienced in DUI cases to mount these defenses.
Our office is located near the Southwest Justice Center in Murrieta, California. We represent individuals charged with Criminal Offenses, DUI and Juvenile Matters in the Temecula, Murrieta, Menifee, Winchester, Wildomar, Menifee, Perris, Banning, Lake Elsinore, Hemet, Corona and Riverside areas.
For more information contact us for a free consultation.