There are a few things that can be complex in the court system, including expunging a criminal record and putting together a defense in a DUI case. DUIs are not as black and white as you may think though. There are certain situations in which the defense can build a strong case. Depending on the situation, here are a few defense options for DUI cases.
- Probable cause: An officer cannot simply pull you over for no reason. An officer has to have probable cause for suspecting that you’re driving intoxicated. That means that when they stop, detain, or arrest a suspect, they must have probable cause for doing so. Pulling you over without probable cause can serve as a possible defense.
- The Miranda Warning: An officer must read you your Miranda rights at the correct time. If they forget or don’t do so in the proper order of things, your drunk driving lawyer can argue to have the charges dropped and anything you said can be removed from the record.
- Blood-alcohol concentration: There can be problems and inaccurate readings with breathalyzers which can sometimes make for a strong defense.
- Chemical tests taken during the absorptive phase: The body can take as little as 30 minutes or up to 3 hours to fully absorb alcohol. That means that if chemical testing is performed during this stage, the reading may be inaccurate.
- Witnesses: If there is a witness present during the incident, the witness can testify and state that the individual didn’t appear to be drunk.
Every DUI case is different. There are different defenses that may be applicable to your specific situation. It’s important to discuss your case with an experienced lawyer in order to know how to proceed.