Five Defense Strategies that can be Used to Challenge a DUI Charge

Getting a DUI can lead to serious penalties. If you are arrested and charged for this offense, there are ways you can consider to reduce or drop the penalties. But, you need the services of a good DUI lawyer to get favorable results. Below are possibilities that can be used to defend you against a DUI. Your DUI lawyer from Ken Phillips Law will look into them when trying to give you a win on your case.

Improper Stop

Cops can only pull over or stop private citizens if they have reasonable suspicion.  A stop is reasonable when the officer witnessed you doing something suspicious or wrong. This includes disobeying traffic laws, driving beyond the speed limit, and improper driving. If you didn’t do any of these, you may claim there wasn’t reasonable suspicion.

Inappropriate Conduct by the Officer

Police officers should follow strict protocols when they administer a field sobriety test. Otherwise, the evidence will be suppressed. Officers should not engage in over intimidation, misconduct, and disrespect since this can be a viable defense.

Miranda Violations

The officer who stopped you should inform you when they place you under arrest. While doing this, they should advise you on your rights. Failure to issue Miranda warnings can lead to the collected evidence being excluded from the investigation.

Testimony from a Witness

Your lawyer will look for witnesses of the traffic stop or DUI arrest. These witnesses can be pedestrians, passengers, or other people who can testify in your defense. For instance, they may claim you didn’t drink anything before driving or that traffic violations took place because of distraction instead of intoxication.

Improper Test Procedures

When administering chemical tests, police officers must inform you about the possibility of your driver’s license to be taken away when you refuse breath test results. Also, the cop must adhere to proper calibrations and maintenance of the testing equipment. Failing to inform you will result in the evidence getting dismissed.

These defense techniques can help you with your case; however, you will need a criminal defense lawyer to get favorable results. A lot of drivers who have been arrested for a DUI prefer to plead guilty and face the consequences or try to defend themselves on their own. But, without consulting with an experienced attorney, your expectations can only go so far. An attorney will ensure you have a viable defense against the charge and get a better outcome.