Being picked up for a DUI is a serious matter. Legal consequences could result in fines, jail time and even a suspended license. While this can be quite scary, there are ways to get out of a DUI and clear your record. Here are three common defenses to a DUI charge.
Not being read your Miranda rights.
Anytime you are placed under arrest, the arresting officer has to advise you of your rights. These rights include your right to counsel and to remain silent. If you aren't able to afford your own attorney, they have to provide one for you. When the officer fails to read your rights to you and then proceeds to gather incriminating evidence, your attorney can petition to have that evidence thrown out. This can help your case out immensely when dealing with evidence from sobriety tests, incriminating statements from witnesses and other evidence gathered. Make sure to let your attorney know right away if you weren't read your rights so they can get to work on getting evidence taken out of the equation.
You have a medical condition.
Many individuals have different medical conditions that can affect the way they look and react. Some conditions make you look like you are drunk, when in fact you are not. Being tired can make you appear groggy and have slurred speech. Allergies can make your eyes appear watery and red. None of this means you are drunk or have been drinking, although an officer can assume that you have based on your current appearance.
Individuals who are diabetic can suffer from different side effects that make their breath smell like alcohol due to the glucose in their system. However, that doesn't mean they had anything to drink. But, this can cause the breathalyzer results to be wrong and land you in jail when you have nothing more than a medical condition affecting your appearance.
Improper communication.
Your attorney should always be present when being interrogated. Prosecutors know this, but that doesn't stop them from trying to get you to take a plea bargain anyway. If you do end up entering into some type of agreement without your attorney present, your lawyer will be able to get it turned over due to them not communicating the way they should have.
While these are only three of the possible defenses to a DUI charge, there are countless others as well. Your attorney can help you determine what defense is going to work the best for your case. For more information, contact an experienced attorney like Patricia K Wood Atty.
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