Challenging Your DUI Arrest
Posted on May 2, 2013 10:47am PDT
Getting arrested for drunk driving is a frightening experience no person hopes to experience. And yet, on a daily basis people all over the country are being arrested for this very act; some cases just a simple swerve in the road gets them pulled over, and in others people's lives are placed in danger. Whether you were arrested for a DUI first offense, or you are facing DUI manslaughter charges; hiring a defense attorney in your area is to your benefit to help you fight for your rights and your future. Challenging your DUI is an extensive process, and with the right attorney they will help you in whatever ways they can.
Depending on what the charges are, the penalties for your DUI arrest may be very severe in the event you are convicted. In order for the prosecution to prove your guilt before the court, they will need to be able to adequately demonstrate you were in fact driving the car at the time of the incident, as well as prove you were intoxicated and unable to operate a motor vehicle. While these may seem obvious, if they are unable to 100% verify you were driving or you were fully drunk, the case may be dismissed. If the prosecution is unable for whatever reason to present these details to the court, there is a good chance their case is incomplete and therefore they are unable to prove it was your responsible.
Another way your case may be challenged by your attorney is if there is a concern with the arrest itself. For example, when you were pulled over your defense attorney may be able to argue the arresting officer had insufficient cause for your arrest. Whether or not they discovered you to be drunk at the scene, if you in no way demonstrated a traffic violation, or showed any other cause for your being intoxicated, the arrest was faulty. If this occurs, there is a chance your defense will be able to have any evidence of the arrest dismissed in court, or have your case altogether dropped.
Even if the arresting officer had probable cause for your arrest, if they failed to read you the Miranda Rights at the scene, there is a possibility that anything you said at that time could be dismissed because you were not given your legal warning by the officer. Perhaps the above mentioned were all down according to standard, there are still various ways that your DUI defense attorney may challenge your charges. For example, the attorney may be able to challenge the actual testimony of the arresting officer. A large portion of the prosecution's case rests in the testimony of the officer who arrested you, so if you are able to prove something they observed was inaccurate or that their actions were unethical, this may strengthen your case.
Another option your defense attorney may use is introducing eye witness testimonies from people who may have seen the situation differently than the arresting officer. For example, perhaps you left a work party and were arrested down the street; a coworker may be able to verify that you had not consumed an excessive amount of alcohol that night, or any at all. Also, a passenger in your car may be able to testify that the reason you violated a traffic law (such as running a red light) occurred because you were distracted by conversations rather than being intoxicated while driving.
There are many possible angles to use when challenging a DUI charge, so contact a DUI attorney in your area today to beginning fighting for your future!