Every year, thousands of people face DUI charges, and the vast majority of them accept their fate regarding the conviction and penalty imposed. Granted, in cases where your blood alcohol content is clearly over the legal limit of 0.08 percent, a guilty plea entered on your behalf is probably your best bet in receiving a lesser penalty than you would have received had you plead not guilty and lost. However, there are many people who receive these citations and who have plenty of opportunity to argue them and have either their violation reduced or wind up with a drastically reduced penalty.
Defending DUI Charges
Many people who are arrested on DUI charges are not aware of the proper procedures law enforcement must abide by when making a DUI arrest.
- For example, for you to be convicted of a DUI, the officer must be able to prove that you were the individual in control of the vehicle. If you are stopped at a later time or sent a ticket in the mail with DUI charges, the charges should be dismissed with minimal argument.
- The law enforcement officer is also charged with the burden of proving he or she had a calculated reason or a sufficient reason for suspicion of an offense in order to pull over or even approach the vehicle. If the officer cannot provide proof that you were pulled over for an obvious or justifiable reason, your case should be dropped in order to protect your constitutional right to be free from unreasonable search.
- The next requirement for a DUI charge or conviction is the burden of proof placed on both the officer and the state to prove there was probable cause in your DUI arrest. Prosecution attorneys must be able to prove that your driving ability was rendered unsafe due to the fact that you had been drinking. In these cases, the officer will use a field sobriety test to determine whether or not your driving ability has been impaired, or to prove his assumption that your case is a DUI.
- The final evidence as to your DUI status is the test administered by the officer, or in some cases, the lack of a test-result. If you were given a test of any kind, it is the state’s responsibility to provide proof that the test itself was conducted in accordance with rules, and that the test administered was performed using equipment that has been maintained and that was functioning properly and accurately.
Getting Help
If any of the circumstances above leads you to believe that you may have received a DUI charge that can be argued in court for either dismissal of the charge, or at least the lessening of the sentence, you should first consult a lawyer before entering the courtroom. An experienced DUI attorney can assist you in preparing a defense or in deciding whether or not to plead guilty.
