DUI defense attorneys often use a variety of defense strategies to help you fight an accusation of driving under the influence of alcohol. The actual defense your attorney uses depends on the specifics of your particular case and how police officers handled the situation, but there are several common strategies that DUI attorneys like to use.
Knowing what those defense strategies can give you a better understanding of the information your attorney needs to mount a successful defense. Similarly, you can keep your eyes and ears open for any violations that your attorney may find useful. With that in mind, here are a few defense strategies your attorney may choose to use in court:
Improper Police Stop
The U.S. Constitution actually prohibits police officers from pulling over private citizens whenever they feel like it. All police stops must only be done when a person has exhibited “reasonable suspicion”. In other words, police officers cannot stop you if you did not commit any traffic violation prior to being pulled over by the police. Take note of the reason why the police officer decided to stop you and inform your DUI attorney.
Miranda Rights Violations
Upon arrest, police officers are legally bound to read you your Miranda Rights. Although a police officer may word it differently, you should be reminded that you have the right to remain silent and the right to an attorney. If you were arrested and not read your Miranda Rights, any evidence, including BAC test results, found during the investigation are considered illegally obtained and are inadmissible in court.
When being placed under arrest, immediately tell the arresting office that you would like to speak to a trusted DUI attorney like Attorney Kim E. Hunter. Once you verbally invoke this right, police officers and prosecutors are not allowed to harass or interrogate you without the consent and/or presence of your DUI attorney. This law is in place to protect you from being strong-armed into confessions or force you into accepting horrible plea deals.
Circumstantial Medical Conditions
Believe it or not, some people have medical conditions that may fool officers into thinking a driver is intoxicated. Severe fatigue or neurological conditions often lead to a person slurring his or her speech. Illnesses may also skew field sobriety test results to your disadvantage. Ketosis, a diabetic side effect, can ferment glucose in the blood, which may cause a breathalyzer to erroneously detect alcohol in your system. If you have the medical documents to prove your claim, your DUI attorney can use your medical situation as a way to have your case dismissed.
7 common DUI defenses, Avvo.com
5 Things to Do If You Are Pulled Over For a DUI, TheHuffingtonPost.com