If you’ve
been arrested for a DUI, you’re probably feeling embarrassed or depressed and
it’s likely that you’ll have to go to court. The smart thing to do would be to
go to court with a defense strategy or explanation of the circumstances of your
arrest. You going to have to prove to the judge and the court that you are
innocent of the charges – if indeed you are. However, you do have legal rights.
If you hired a DUI attorney, he/she will definitely help guide you through
process. Here are some of the DUI defenses that may apply to you:
The officer(s) who arrested you did not
read you the Miranda Rights. If the officer who arrested you did not tell you
your rights, chances are incriminating statements could be erased from your DUI
case.
The officers who arrested you have to show
without a doubt that you were illegally drunk at the time of arrest. In most
states, this means having a blood alcohol level greater than .08. What would
help your case is if you have witnesses who could testify that you were not
drunk or comment on your state of sobriety at the time you were driving. Also,
the types of sobriety field tests could be proven to be incorrect.
The breathalyzer device used was not
functioning properly. There have been many cases in which it was proven that
the device was not properly maintained. The factors that could affect the
results of a breath analyzing test include radio frequency interference, what a
person ate the day they were arrested (there are many chemical compounds in the
body that could be mistaken for the alcohol compound), or how a driver breathes
into the device could be done wrong.
Medical or mental problems of a driver.
Someone who has medical or physical disabilities could be mistaken for driving
under the influence.
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