The penalties for being charged with a DUI or DWI can be quite serious. If someone has been arrested for drinking and driving and wants to fight the charge, it’s important to understand all the various defenses available. By creating a valid defense, a person may be able to persuade the prosecuting attorney to drop or reduce the charges.
In a DUI/DWI case, a prosecutor has the burden of proving two things. First, the prosecutor must prove the person charged with the offense actually drove the vehicle. Secondly, at the same time of proving who drove, a prosecutor must prove the person was actually under the influence. Proving someone is under the influence means the person’s ability to drive safely was impacted to a considerable degree by drinking alcohol or using drugs or a combination of the two.
The possible defenses available to someone charged with a DUI/DWI will depend on where the individual has been arrested.
First of all, if you weren’t driving at the time you were arrested for a DUI/DWI, then you can’t be convicted. Most often a case starts with a driver being pulled over, but if the officer wasn’t observant and didn’t actually “see” someone driving (such as a driver sitting in an idle car in a parking lot), the issue could be debated based on lack of evidence.
If an officer didn’t have legal justification to stop your car and arrest you in the first place, or if the officer failed to follow the proper legal procedures during the arrest – it could make any evidence rendered inadmissible in court.
When an officer doesn’t have legal justification or “probable cause” to stop, detain and arrest a driver, it may be possible to have any evidence obtained during the arrest from being admissible in a trial.
If you are arrested, a police officer, by law, must make you aware of your Miranda rights. These warnings are a part of the arrest process, but if neglected, may be the grounds you need to beat a DUI.
In addition to these various examples of how you could beat a DUI, there could be many others. To find out more about your rights and how you could possibly fight back against a DUI charge, it may be beneficial for you to speak to an attorney that can answer your questions and think of a plausible defense to help you get out of a DUI.