Posted By McAdams Law |
March 17 2022 |DUI, Firm News
Whether or not you caused an accident during your DUI arrest, the consequences of a DUI can be severe. When a conviction can mean serious fines, jail time, license suspension, and other consequences, it may seem simpler to plead guilty and minimize the penalties. Instead of pleading guilty right away, fighting your charges may yield better results. Thankfully, there are several defenses against these charges that you may be able to benefit from. Some examples of these defenses include:
Lack of probable cause
For an officer to pull anyone over for any reason, they need to have probable cause. Probable cause refers to a reasonable justification to conduct a traffic stop, such as reckless driving, broken taillight, or ignoring traffic signals. If the arresting officer did not have probable cause, it might be grounds for dismissal.
Lack of evidence
Field sobriety tests are not conclusive proof of intoxication, despite how commonly officers use them. If police are unable to prove intoxication, they may not be able to convict you. Whether officers failed to collect the evidence, lost the evidence, can only produce tampered evidence, or the method of evidence collection is suspicious, a skilled attorney may be able to defend you.
The DUI was necessary
In some situations, driving while under the influence is unavoidable. For example, if you were at a party and had a few drinks, and someone suddenly needed to go to the hospital, it may have been unavoidable for you to drive while drunk. This defense is possible, but you will need to prove that you were driving because of necessity.
Do not resort to pleading guilty too soon
A plea deal may be the right option for you, but it should never be the first option you take. If you are facing DUI charges, consult with a skilled attorney to build a defense you can count on. No DIU case is hopeless, so make sure you are fighting for your rights, future, and freedom in your DUI case.
