Finding yourself under arrest for driving under the influence (DUI) often comes as a shock to both you and your loved ones, particularly if it's the first time. It's not uncommon to feel anger, fear, and shame, regardless of the exact circumstances of your arrest. No matter how it happened, you will need to pull yourself together and deal with the fallout. You should understand that a DUI arrest is not the same thing as being convicted, and you will have the opportunity to clear your name in court if you feel that you were unjustly arrested. Once you have a good defense attorney on your side, take and deep breath and examine the facts of the case. Read on to learn more about how you and your attorney will fight your DUI charges.
Getting Your Case off to a Good Start
Allow your attorney to get up to speed on your case quickly by providing them with as much information as possible at your initial meeting. You can do yourself and your attorney a big favor by keeping a journal from the moment you are released from jail. Make notes of not only your feelings about the arrest, but about everything you can recall from the time of your arrest. It cannot be overemphasized enough: the manner that the roadside stop, any field sobriety testing and your arrest played out could play a key role in your defense. You will eventually have access to any dash-cam or body cameras, which could help jog your memory of the events.
Questions of Impropriety
Any signs of an officer failing to use proper procedure at any point has the potential to get your charges dismissed or reduced. You attorney will pay special attention to any of the following:
- Are the results of the DUI breathalyzer and other common field sobriety tests accurate and reliable? There are a variety of physical and mental issues that could skew the results.
- Was the stop illegally made? The officers cannot stop you without good reason; there must be valid prompt, such as a traffic violation or a suspicion of being impaired.
- Did you make admissions at the scene of the arrest that should be suppressed?
- Were you and your vehicle illegally searched?
- Was this a case of duress or necessity?
- Were you actually driving the vehicle at the time of the confrontation? For example, if you were parked with your ignition off and waiting for a ride or "sleeping it off", you should not have been charged.
- Were you read your Miranda Warning?
And so many more defenses.
DUI cases are not simple or obvious and there is too much at stake to just take a plea offered by the public defender. Speak with an attorney as soon as possible and fight your DUI charges using a strong advocate for justice. Talk with a law firm like Steven T. Fox Law Firm for more information.Share