About 1.5 million drivers are arrested every year for Driving Under Influence (DUI) in the U.S.
Most offenders face 1st-degree charges but no prior experience of how to fight a DUI. Moreover, some have never been involved with the criminal justice system. Drivers in such predicaments have many questions regarding defenses, penalties, and costs of DUI charges.
A DUI offense will threaten your ability to drive if your license is suspended. Before you face the stigma that comes with this conviction, you need to know what to do. The following five points should guide your actions when facing a DUI charge.
1. Assess Legality of Checkpoint
Public notification is one of the requirements for a legal sobriety checkpoint. Such notices are available in the local newspaper. However, the police aren’t obliged to reveal the exact location of the checkpoint.
It’d help if you didn’t answer any questions at the checkpoint but remained loyal and polite. After this, hire a skilled DUI defense lawyer to find the best defense options based on the arrest scenario.
2. Fight Suspicion of DUI Arrest
Based on suspicion, a person can be pulled over for a suspected DUI offense. Suspicious cases include weaving, abrupt turns, overspeeding, and very slow driving. You face field sobriety tests like slurred speech and Portable breath tests.
Your DIU defense attorney can use toxicology expertise to challenge BAC readings in court. You can also assess whether the reason to stop you is valid.
3. DUI by Questioning Test Reliability
The police use three main types of field sobriety tests. They include one leg stand, walk and turn, and horizontal gaze tests. The truth is you could never pass these tests. However, there are valid reasons to fight these results in court.
These tests are subjective and based solely on the arresting officer’s judgment. Hire a professional DUI attorney such as Timothy Webb, to help you challenge the test results.
4. Test Refusal Charge Could be Wrong
A DUI refusal charge can result from you declining to take a test. Although failure to provide a test sample is an offense, there could be leverage.
It’s not a crime if you have a valid medical excuse, making it hard to exhale. You can use such health conditions as an excuse to defend against a DUI.
5. Failure to Read Miranda Rights
Every citizen is entitled to Miranda rights, warnings issued by police before questioning. Without reading the rights, no statements you make during an arrest are valid evidence in court. A skilled attorney could keep the information as evidence if the arresting officer didn’t follow the rules.
Increase Your Odds of Winning by Learning How to Fight a Dui Charge
Getting the best legal help is the first step to fighting a DUI charge. It’s also essential to let an experienced DUI lawyer examine your case information. Understanding the prosecution’s case helps determine the available loopholes.
We hope you have benefited from reading this informative piece on how to fight a DUI.
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