Proven and Effective DUI Defenses
A charge of a DUI or driving under the influence is a very serious offense anywhere in the United States. If an individual is convicted, he or she can expect to lose their driving privileges, lose their job and see a vast increase in the cost of their car insurance. However, there are a number of DUI defense tactics that can be used in a legal case that can help the defendant. These DUI defenses can lead to the charges being reduced or in some cases, completely dropped.
One DUI defense is “No Reasonable Suspicion to Stop.” According to the law, a police officer does not have the right to stop a person based on age, race, gender or any other reason that would be deemed as discrimination. It is acceptable if an officer stops a driver due to suspicion of criminal activity, but otherwise, it is not legally valid.
“No Actual Physical Control” is a defense in which a police officer encounters someone behind the wheel of a running vehicle who is intoxicated by not operating the vehicle. The individual may be pulled over due to their current state, which means that they cannot be arrested for a DUI. This is because the person is not actually driving.
The defense of “No Probable Cause for Arrest” can be used when a person was pulled over for suspicion of DUI but was improperly given a field sobriety test or FST. The National Highway Traffic Safety Administration states that individuals suspected of DUI should not be given these tests when they are over 50 pounds overweight, older than 65, has a disability that affects balance, is wearing shoes that have heels greater than two inches high or if the individual has an injury to their back, leg, knee or hip that can affect the effectiveness of the test. People should also be aware that it is their right to refuse to take a field sobriety test no matter what an officer says.
“Denial of Right to Counsel” is a common defense for a DUI that means that when the individual asked to speak with an attorney, they were not allowed that right. If the police ignore such a request, and the individual does not get to speak with a lawyer within a reasonable amount of time, the case can be dismissed against the defendant.
Another common defense is “Inaccuracy of the Breath or Blood Testing Device.” This means that the breath test was administered with a poorly calibrated breath device or that the blood testing was tainted in some way. As a result of this defense being used and found to be an aspect in the case, it is possible that the case gets dismissed.
Having the right attorney to represent you in a DUI case is of utmost importance. Be sure to choose wisely when selecting a legal firm and an attorney.
Author of this article is David Michael Cantor, a Certified Criminal Law Specialist in Arizona.