Realistic Defenses to a DUI Charge

After you are arrested for driving under the influence, also called DUI, you will appear before a judge for an arraignment hearing. During your arraignment hearing, you are formally charged and asked to enter a plea. You have three plea options. You can plead guilty, no contest or not guilty. However, only a not guilty plea requires proving one of many DUI defenses when you go to trial.

DUI Defense: Prove that the Arresting Office Didn’t Have Legal Justification to Stop You

If the arresting officer didn’t have any legal justification to stop you while you were driving there may not be a strong case against you. In other words, the prosecutor may not have a case if they can’t use the breathalyzer test or arresting officer’s testimony. An example of no legal justification means that the officer didn’t have probable cause to stop you or arrest you for drunk driving. Instead the officer arrest you based on ethnicity or race. Another defense is that the arresting officer didn’t provide you with your Miranda Warnings.

DUI Defense: Your Appearance and Behavior Made It Seem Like You Were Drunk

Another realistic DUI defense is to explain that you weren’t driving drunk, but only appeared to be drunk. For instance, you failed the field sobriety tests because you were suffering from allergies or lack of sleep. Thus, your slurred speech, stumbling or bloodshot eyes weren’t the result of drinking too much alcohol, but other reasons like over-the-counter medicine or not enough sleep. Also, a DUI defense is that you didn’t perform well on the tests because didn’t understand the confusing instructions or suffered from a physical impairment.

Seek Legal Help Regarding a Realistic DUI Defense

DUI cases are complicated. The prosecuting lawyer must prove two things. First, the prosecutor must prove you were driving. Also, the lawyer must prove that you were under the influence of alcohol or drugs when you were stopped by the arresting officer. There are a number of DUI defenses available to you depending on the state where you were arrested. Therefore, when you are facing a DUI charge, it is best to seek a legal help. A lawyer specializing in DUI cases will examine your case and the circumstances involved and pick the best defense to help you fight the charge.