The authorities want you to believe that DUI charges are straightforward, cut-and-dry cases. They would have you believe that you were clearly driving while intoxicated, and therefore you must suffer the consequences. Prosecutors want to win a case quickly and move on to the next one, so they use this assumption of guilt to pressure you into pleading guilty.
Remember, whenever you are charged with a crime, you always have the right to a defense. This is one of the foundational aspects of our system. No matter what evidence the police believe they have, it can be refuted and challenged in court.
You do not have to take a DUI charge lying down. Here are some defenses you can use in your case.
The Stop Was Improper
Police need probable cause to stop someone. Furthermore, they can pull people over only for primary traffic offenses.
No matter what evidence the police find, if the stop is unjustified, your attorney may be able to have your case dismissed. Police cannot pull you over for biased, prejudicial reasons. Make sure your lawyer takes a close look at the details of your case. If they find evidence of an abuse of power, they can use this fact to help defend your innocence.
You Were Tricked into a Confession
When police stop a car, they often use clever questions to make someone incriminate themselves. For instance, they may ask, “How much have you had to drink tonight?” If you give them a response that indicates you’ve been drinking, they can use that as their excuse to arrest you.
Moreover, even after you’ve been given your Miranda rights, the cops can still try to force a confession out of you. At the station, they can use your confusion and fear against you. They may ask trick questions like the one described above, and you could confess without realizing it.
Your attorney can always challenge the police and their methods in court.
The Evidence Is Flawed
DUI evidence isn’t always as sound as it seems. Most breathalyzers, for instance, have a 15% margin of error. Furthermore, some internal illnesses like GERD or kidney disease can create false positives in these devices.
Field sobriety tests are a poor indicator of drunkenness as well. Someone could be dressed in restrictive clothing, or they could be naturally clumsy. Police could use the slightest slip to accuse you of drunk driving.
Even blood testing should be scrutinized. If anyone other than a licensed phlebotomist performed the test, this evidence should not be used in your case. Furthermore, improper storage can taint your blood samples. Make sure your attorney thoroughly investigates the cops’ blood testing methods.
You Were Sober at the Time of the Arrest
Some cops bypass testing altogether. They simply look at a person’s behavior and determine that the individual is drunk. This is unfair and unsound. Someone could be tired, sick, or simply eccentric, and the police will use these facts against them.
If you’ve been arrested for a DUI, trust our firm to help. You can contact us today for a free consultation by calling (931) 361-4477 or filling out our online contact form.
