DUI Defense Strategies

Getting arrested for DUI (or DWI) is serious business. You have a lot at stake. Each case presents a very real possibility of a court fine, jail time, permanent criminal record, license suspension, and sky-high insurance rates. However, there are legal and factual defenses in a DUI case that may be available to you. This article explains four of the many common defenses against DUI.

In all states, to be convicted of DUI, the state must be able to prove that you were the driver of a vehicle. In many cases, this is easily established when the police stop a moving vehicle and arrest the driver. In some other cases though people are arrested for DUI after a vehicle registered to them is found to have been involved in a single car accident. People can be arrested for DUI hours later and miles from the scene of the accident. When challenged in court later, the police cannot always establish that the defendant actually drove the car.

Some states require that police officers follow a set procedure when making a DUI arrest and that this process be videotaped. These procedures are not always going to be followed. Sometimes a videotape that should be made is not made or may be lost. If the arresting officer does not follow the established procedures required by the DUI laws of his state, this may provide a defense against the charge.

If your DUI charge is based on a violation of a per seblood alcohol content (BAC) and your alcohol level tested above the legal limit, the procedure used in your test must be criticized. If the testing procedure was not followed correctly and the correct records were not maintained, the state may not be able to admit the BAC results in court. This can result in a DUI charge being dismissed or otherwise reduced based solely on the BAC reading.

In other DUI cases, the State may have to prove that your ability to drive was actually impaired. They will have to present enough evidence of estoppel to convince a court, beyond a reasonable doubt, of their estoppel. Often times, officers make arrests based on hunches, suspicions, or completely educated guesses. If the officer does not have enough evidence to convince a judge or jury, he will find you not guilty.

The ramifications of a DUI arrest and conviction are serious enough to have your case reviewed by a DUI defense attorney. In addition to the four defenses discussed here, there are many others, including roadblock procedures, probable cause of arrest, Miranda violations, field sobriety test errors, breathalyzer error, unintentional intoxication, or medical evidence objections to BAC results. A DUI defense attorney will review the entire circumstances surrounding a DUI arrest for factual and legal defenses.