Getting arrested for a DUI may seem like an ending, but according to one Miami DUI Lawyer, there are many ways to beat a DUI charge. DUI laws may vary from state to state, but many of the mandated processes for officers are similar. Because there are so many details involved in DUI prosecutions, there’s also a lot of room for error. That means that an experienced DUI attorney can get prosecutorial evidence suppressed and charges reduced or dropped.
Proven DUI Defenses
Here are five of the most effective DUI defenses that criminal defense attorneys use to help their clients beat their charges.
1. Suppress the Stop
The police always need a legally valid reason to stop or detain you. A DUI investigation is not an exception. Legally valid reasons include a legally sanctioned DUI checkpoint, a traffic violation, an accident, a driving pattern consistent with drunk driving, a tip from a civilian, or the belief that you’ve committed another crime. If the officer fails to articulate the reason for the stop, your case may be dropped.
2. Suppress the Roadside Exercises
The police should ask you to participate in voluntary roadside exercises. If they tell you that these are mandatory, that’s grounds for suppression. In addition, they are supposed to video record your performance. In lieu of a video, they must describe every single aspect of your performance in writing. Officers make mistakes with their articulation all of the time. Officers are supposed to use field sobriety exercises that are approved by the National Highway Transportation Safety Administration (NHTSA). These include the walk-and-turn, the one-leg stand, and Horizontal Gaze Nystagmus. The officer must explain and demonstrate each phase prior to asking you to try. There is any number of reasons that roadside exercises can be suppressed.
3. Suppress the BAC Results
You may not realize this, but you agreed to take a breath or urine test upon request when you applied for your driver’s license. That does not, however, mean that you have to provide them against your will. Once you’re under arrest, the officer is supposed to read the implied consent reminder to you from a prepared text. If they fail to do so, your blood or urine test may be suppressed. In addition, any equipment that they use, like an Intoxalizer machine, must be properly maintained and they must show documentation that it was. Finally, the breath operator must have current certifications. All of these factors could lead to a suppression of the breath results.
4. The Insufficient Evidence Defense
DUI investigations are about documentation. A defense attorney will ask the following questions:
- Did the officer video record the driving pattern?
- Did the officer submit body cam evidence?
- Did the report contain details about the physical indicators, such as bloodshot eyes, unsteady stance, etc.?
- Did the officer video record roadsides?
- Did the officer record themselves reading the implied consent warning?
If the answer is “no” to any of these questions, there may be an angle of attack for a defense lawyer.
5. Lack of Proof of Intoxication
In order to be guilty of DUI, you must be intoxicated beyond the legal limit (.08 in most cases), in active control of the vehicle, with the keys in the ignition. Believe it or not, you don’t have to be driving. If you the defense can establish that you weren’t driving or that you weren’t intoxicated, there’s no case. For example, if you blow below .08, the police will ask you to provide a urine sample. When they get the results back, if you don’t have intoxicants in your system, there’s no case. Additionally, if you were involved in an accident, but were out of the car when the police arrived, they may not be able to legally establish that you were driving.
If you’ve been charged with DUI, contact a reliable DUI defense lawyer immediately.
