5 Defenses Used by DUI Lawyers

Maria Palma
Being arrested for a DUI/DWI is, at the very least, embarrassing and stressful. It can be even more stressful if you feel that your arrest is unwarranted or you believe that you were mistreated by law enforcement. When it comes to being arrested for drunk driving, keep in mind that you do have legal rights.

When you appear before the judge and the court, you will have to provide evidence that you are not guilty of the charges. Hiring a DUI defense lawyer to help you with your case is important for this reason. If you hire an experienced DUI defense lawyer, he/she can help you get through the process and offer resources that you probably wouldn't have thought about on your own.

There are several defenses used by DUI lawyers. See if any of these apply to you:

* The officer(s) who arrested you did not read the Miranda Rights rights to you. If this happened, it's possible that some of the things you said during the time of your arrest could be deleted from the record.

* The prosecution has to 100% positive that you are indeed guilty of being illegally intoxicated at the time of arrest. They have to prove without an ounce of doubt that your blood alcohol content (BAC) was beyond the legal limit of 0.08%. This is the limit in the majority of states in America. If you have any witnesses that can testify that you were not illegally drunk at the time of arrest, the better off you'll be.

* Field sobriety tests help law enforcement determine whether or not you are drunk. A DUI lawyer can investigate to see if the tests were conducted incorrectly.

* The breath test machine that the officer used to measure your alcohol level did not function properly or wasn't maintained properly. You'd be surprised to know that there are many cases where it was found that the device was not properly maintained.

* You may have medical or mental issues that could have affected your driving skills. There are many people with these types of conditions that have been mistakenly arrested for a DUI.

These are just a few of the defenses that a DUI lawyer may use to help you with your case. This is why it's highly recommended to consult with lawyer who specializes in drunk driving cases.

Published by Maria Palma

Maria Palma is a professional writer and visual artist based in San Diego, California.  View profile

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