The only thing you remember is flashing lights, handcuffs, and a jail cell. Facing a driving while under the influence (DUI) can be daunting, and no one wants a criminal record, especially if you feel you were fit to drive. You may or may not have actually even been under the influence.
Proving that is the burden of the state prosecutors. Plausible defenses for your case may be that the breathalyzer malfunctioned, you were improperly stopped, etc. There are many reasons why a DUI case can be dismissed. Each arrest is unique, and ultimately, it’s the court who will decide.
Reasons for a Lawful DUI Stop
The police officers may have witnessed an infraction or a pattern of behavior consistent with drunk driving. The reasons could be that you were going over the speed limit, random swerving, or generally poor driving. A good attorney may be able to find fault in the stop and get charges dropped, however.
Sometimes, you may just be the victim of bad luck—being in the wrong place at the wrong time. Certain areas are popular nightspots. If you’re seen driving through one of those areas, you may be more likely to be stopped. But the officers can’t arrest you for DUI just because you were driving near the bars. They must have probable cause for the stop and additional reasons for conducting a DUI investigation: red eyes, slurred speech, unstable, etc. If you’ve been arrested for DUI, it is a good idea to retain the services of an experienced DUI attorney.
Can I Contest the Sobriety Exercises?
A good attorney will review all of the evidence against you, including the field sobriety exercise. Officers use three tests to decide whether you were too unfit to drive: the one-leg stand, horizontal gaze nystagmus (HGN), and the walk and turn test. These exercises have been put in place to help the officer decide whether you were impaired.
In many cases, these tests are video recorded. Your attorney will review that evidence in discovery. There may be factors that can invalidate the tests. Poor lighting can make visibility difficult, and therefore, it would be easy to fail any of the physical exercises. The pavement happened to be uneven and so walking in a straight line was difficult for you, and you appeared unstable. Were suitable shoes worn for the test? Were the correct instructions given?
Why Was I Charged if I wasn’t Driving?
In order for the police officers to have a viable case, they must be able to prove that you were behind the wheel of the car, in control of the vehicle, and that you were intoxicated. If you weren’t driving or if they can’t produce a witness, they don’t have a case. If for example, you found yourself in a car with several people, and everyone got out due to an accident that occurred. This is where it can be hard to determine who the driver was if no one wants to accept responsibility and the police can’t prove who was driving. These are some of the many defenses that a qualified DUI attorney can successfully use.
Should you find yourself arrested for DUI, your best chances lie with an experienced criminal defense lawyer. Call one today.
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