Posted on: 12 April 2016
Have you been recently charged with driving under the influence of a substance? You probably assume you are immediately in legal hot water. This may not be the case. There are some defense strategies your attorney can use to possibly save your driver's license, lessen your charges, or perhaps even absolve you from the cage. The following defenses may apply in your situation:
No Miranda Warning
The police officer conducting your arrest is required by law to advise you of your rights. A Miranda warring must be given to you so that you are aware of your rights regarding anything you say after you have been arrested. In some cases, a police officer may fail to read a suspect their rights or read them improperly, allowing some leeway with regard to any oral evidence obtained during your arrest. If you said something that could have implications but you were not properly warned, that evidence will be thrown out.
You Have a Reasonable Explanation For Appearing Under the Influence
In general, there is little explanation of being under the influence that can absolve your actions. However, if you were arrested simply because you appeared under the influence of a substance, such as bloodshot eyes, stumbling, or slurred speech, it can be possible to have any charges against you dropped. The officer must conduct a field sobriety test to determine whether or not you have been using any illegal substances while driving. If you are taking any legal prescription medication that causes you to appear under the influence, you may be able to get out of the charge. If you have had little sleep, suffering from allergies, or anything that alters your appearance that could look suspect, you may also be able to avoid being charged if you can show proof that you were not using anything illegal.
Lack of Probable Cause
If there was no probable cause for the officer to pull you over, your attorney should be able to fight the charge. If you were not displaying any erratic driving, such as driving over the speed limit or swerving, you need to find out exactly why you were pulled over. There may have been some profiling done on the part of the officer that led them to pull you over, at which time they determined that you were impaired. If this was the case, you have a reason to challenge the charges against you.
It is crucial that you work with an attorney if you are arrested for DUI. While you should never drive while on any substance that causes you to be impaired, you do need to be aware of your rights if you are pulled over. Contact a business, such as Kayle Jackson, for more information.Share