Learning About DUI Defenses

Driving under the influence is a dangerous crime and this also prosecuted heavily in most States. The best way to fight a DUI case is to not drive drunk in the first place. However some people can’t help but find themselves in a situation or they have to drive after having drinks at a bar or a party. If you happen to get arrested for DUI and you did not believe you are guilty your first step to fighting the case is to get educated about the subject. Although it is not likely it is possible that you can win your DUI case. This is done by asserting a strong defense that negates a part of the prosecution’s case .

Methods for Battling DUI Cases

In general the best ways to fight a DUI case hard to prove that you were not drunk as required by the laws, or that you were not actually driving the car. In most cases these two things are very hard to prove. In this article we will go over a few of the ways that people try to fight their DUI cases. Once in awhile you’ll find that a defendant is successful and fighting back against a DUI charge. Read on to find out all these defenses are used in court.

The “No Drive” Defense

Whenever someone is accused of driving under the influence one of the main elements that must be proven is that the person was driving in the first place. A DUI is hard to prove if someone was not actually driving . Some states say that you can be found guilty of a DUI even if you were not driving comma as long as you had the ability to operate a vehicle.  Either way many people challenge DUI by asserting that they were not driving .

To determine whether this will be a good defense you will need to check the laws in your state or county. Some states will uphold a DUI if the car is turned on other states will still hold a DUI if the car is turned off but the keys are in the ignition. Still some states require that the police actually observe you driving on the road. You will need to know what the laws are in your state before you can determine whether this will be a good defense for you to pursue .

Point Out that the Officer Made an Error

In very rare cases it can be shown that the officer did not have a good reason to stop your vehicle in the first place. If it is found that the officer had no legal cause to initiate a traffic stop, then it is possible that your case could be thrown out. This is usually resolved pretrial motions and the case can be dropped before it even gets to trial .

If you would like to pursue this type of challenge you will definitely need the help of a lawyer. There is a lot of legal research that goes into filing a motion with the court. The prosecution will also get a chance to respond to this motion and will provide their legal points and authorities to fight back against your defense motion. Usually a motion like this has to be argued in front of a judge will render his or her final decision on the matter. This is something that’s very hard to do if you have not been legally trained and do not have any experience in court .

The Facts Might Not Be As The Officers Suggest

Most people seek to challenge the officer’s version of the events during the stop and arrest. The problem is that most people don’t have their own evidence to contradict the officer’s version. Therefore, the courts and the prosecutors are likely to give great deference to everything the officer puts forth as truth. Some drivers attempt to capture the event on video or via audio feed to protect themselves from mistakes or intentional bias on the behalf of law enforcement. This may or may not be legal in your state, so check before filming or recording. At the end of the day, film or audio of the interaction is perhaps the best evidence you can offer to prove the officer is lying about something or did not describe something correctly. When it’s all there in black and white, it’s nearly impossible for the court to disagree with your recollection of the stop.

Whenever you get a DUI you can bring Witnesses on your behalf. A witness can help you win your case if they can prove that you were calm and driving in a normal manner, you didn’t drink before you got into the car and started driving, and also that you have a health problem that makes it difficult for you to drive like a normal person. The type of health problem that would make it difficult to drive is something like diabetes. Diseases like this can make someone drive in a way that resembles a person driving after having several drinks.
A witness is used to help the jury understand what really happened during the arrest . Essentially the jury would get another side of the story besides yours and the officers. You should be aware that a witness’s testimony alone usually isn’t enough to help you beat the case. But it can help to challenge the off the officers observations and recollection of the event. Most people have a very hard time winning criminal cases if they do not have a witness who can support their side of the story.

Another way to fight a DUI case is to challenge the accuracy of the instruments used to find your alcohol level. You may be successful in challenging the accuracy of the officers tools if it is later found that the tools were not stored or operated according to the Department’s standards . In most cases you will not be able to win on this ground, but there have been cases in history where is certain device was found to be inoperable or giving false readings. If you are thinking of fighting the case by challenging the instruments used, you should consult one of the Sacramento criminal lawyers who know a lot about these types of devices. A defense lawyer probably has the most information about how these devices have been used in the past other they seem to be functioning correctly the night of your arrest.

You Can Fight Probable Cause

The police need probable cause, or at least a reasonable suspicion, to pull you over when they initiate a DUI stop. This suspicion must involve some sort of traffic violation or other type of criminal activity. Cops are not perfect people. Sometimes they may think they have witnessed a violation when none actually occurred. In situations where the police pull someone over and cannot justify their reason for initiating the stop, the evidence obtained thereafter can be held inadmissible by the court. This means that your DUI case could be thrown out because the police did not have a reason to suspect you were committing a crime in the first place.

You May Be Able to Prove You Were Not Inebriated

Under other circumstances, you may have not been driving drunk despite committing a minor traffic offense. Some people might swerve when they drive due to poor vision, tiredness, or unfamiliarity with the area. It could be that you also had one drink during dinner but did not engage in any more alcohol consumption. Either way, the cops might pull you over and accuse you of being drunk when you really are not. In such a case, you cannot be found guilty of a DUI because the scientific tests required to prove your state of drunkenness simply will not add up.

Sometimes police will still charge and arrest someone with a DUI even though they don’t register high on a breathalyzer. They may do this due to red, watery eyes, the failure of field sobriety exams, or an inability to understand the officer’s commands. As we talked about already, there can be several other reasons for failing tests on the scene. The tests are not very intuitive in nature, and many sober adults could possibly have trouble carrying them out due to their clumsiness, age, or poor state of health. The point of this is that there is always a way to fight back even when the officers are convinced you have violated the DUI law.

In Conclusion – The Final Word on DUI Defenses

DUI cases are not easily won. However, the first step in trying to win your case is to make sure you are educated about the pertinent laws. There are several resources out there, including hiring a defense attorney, that can show you whether you have a good case from very early on. Obviously, you’ll never know whether or not your case stands a chance unless you find out what the prosecution has to prove against you in the first place.

As alluded to above, most people will end up having to consult a knowledgeable DUI attorney. There are many strategies to fighting a DUI case, some which we have discussed above. But there also may be other, lesser known, avenues to challenge the state’s evidence. Only a lawyer would be privy to this information. A local lawyer is also likely to know how these cases are resolved in the county courts, and what steps you can take to mitigate the offense before heading to trial. A thorough consultation with an attorney is your best bet at getting out of the case all together.

The Truth Behind DUI Offenses

Drunk Driving Statistics

We thought it would be a good idea to look at the facts behind drunk driving. Many times we hear anecdotal horror stories about drunk driving, or people making light of the subject due to their own personal experiences. We want to look at where drunk driving really stands in society and help you determine if the stories you here are have any sort of factual basis.

Metabolization of Alcohol

It has been scientifically proven that the average person can only metabolize one drink per hour. This means that it will take an entire hour for your body to process and get rid of the alcohol in your system. Most people don’t realize this useful fact. It becomes a problem when you drink one drink after another in a relatively short time period. Three or four drinks per hour can quickly overtake your metabolism process and will make mostly anyone fall within the definition of “impaired” if they choose to drive.

Way More People Drive Drunk Than Are Arrested on A Daily Basis

According to the FBI’s arrest info database, only 3,200 people are arrested for drunk driving on a daily basis (nationwide) even though the number of people who drive under the influence is easily over 300,000. This alarming statistic should show you why most law enforcement agencies are so intent on arresting as many DUI suspects as possible. Law enforcement cannot catch everyone, but they can do their best to rid the road of drunk drivers by arresting as many suspects as possible.

Some people might say that the huge number of DUI drivers makes it impossible to truly enforce the law. After all, only about 10% of drunk drivers are actually arrested. However, something has to be done to stop drunk drivers. Even one arrest means that some potential innocent bystanders may have been saved. The statistics might also show that the number of drunk drivers on the road would exceed 300,000 per day if people knew there was no enforcement at all. The 300k statistic may just reflect the people who do not care about enforcement at all. Our next fact will shed some more light on why even more people might be drinking and driving if it wasn’t for enforcement.

The Number of Drunk Drivers Has Diminished Since the Early 80’s

Mothers Against Drunk Driving (M.A.D.D.) was established in 1980. It fought for tougher DUI legislation and did a mass public educational campaign to teach people about the problems associated with drunk driving. All the efforts of this group have worked to cut the number of DUI’s in half when compared to the 1980’s numbers. This shows that education and tough enforcement do work! No one has to drive drunk and all it takes using some common sense to avoid getting in trouble and hurting others.

Most People Have Carried Out 80 DUI Trips Before Actually Being Arrested

You can probably guess that this fact is true. Most people who are arrested for DUI have committed the crime numerous times beforehand. Unfortunately, they didn’t learn their lesson. Sometimes it takes an arrest to really wake a person up and show them what they are doing is wrong. Other people keep committing crimes in a recidivist fashion, and they suffer much harsher punishment with each additional DUI conviction

En Fin

DUI’s are a controversial subject but there is a lot of truth to support enforcing the law as such. Although DUI enforcement is a necessity in our society, there are also aspects of the criminal justice system that need to be remembered. If DUI’s are enforced as a criminal offense, the suspected criminal has certain rights that must be preserved by police when undergoing an investigation. We’ll take a look at some of these in a future article.