3 DUI Defenses You Didn’t Know About

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3 DUI Defenses You Didn’t Know About

Posted by Christopher Martens | Jan 20, 2017 | 0 Comments

Different Defenses

Facing DUI charges doesn't necessarily mean you will be convicted. Successful DUI defenses are used to help people avoid convictions everyday. The prosecution must prove you were driving under the influence to convict you, and sometimes this is hard to do based off of the relatively little evidence collected during a DUI investigation. Many defendants take advantage of this and raise defenses to the prosecution's argument.

Most people know about commonly used DUI defenses such as claiming there were errors in the blood alcohol concentration (BAC) testing or elevated mouth alcohol due to medical conditions or diets. But there are many more defenses that can be used successfully when facing DUI charges. Here are 3 you might not know about:

Poor Driving

Say you were pulled over for weaving between lanes. Right off the bat, the officer could have assumed you were driving under the influence. This isn't necessarily the case. Unfortunately, preconceived notions can influence the investigation process. People drive poorly all the time, and most of the time it isn't caused by alcohol. You could have been checking your phone or distracted by a passenger. These are illegal as well, but these minor traffic offenses aren't anywhere near as serious as a DUI. They are punishable by only an infraction and a fine, not jail time. Don't think you have to have a BAC test reading of .08% or above to be convicted, either. It is possible to be convicted of a DUI without meeting that threshold if you exhibit signs of driving under the influence. If the bulk of the evidence in your case is how the officer said you were driving, this defense might be helpful to you.

You Weren't Read Your Miranda Rights

If you were interrogated before being read your Miranda rights, what you said during the interrogation could be thrown out of the case. This means it cannot be used as evidence in the prosecution's argument. Police must read you these rights once you are arrested before questioning you. You deserve to know you have a right to remain silent before being questioned. Nevertheless, people are arrested and questioned without having been read their rights all the time. If they answer questions before speaking with an attorney, they risk self-incrimination. If this happens to you, you can have an attorney file a motion to have what you said during the interrogation inadmissible in your case.

Lack of Probable Cause

A police officer must have probable cause to pull you over. Without probable cause, the stop is unlawful and this could be enough to get your case dismissed entirely. The cause for the stop will be included in the police report. If you've been arrested for a DUI, make sure you call a DUI defense attorney immediately. In many cases, an attorney can get a copy of the police report before you can. The police report can give you valuable information that can help you make the best decision in your case. If the officer's stated reason for pulling you over is erroneous, have an attorney get started on your case right away. You could have a strong defense.

Explore Your Options

Don't accept a DUI conviction lying down. Fighting DUI charges isn't impossible. In fact, I see people have their cases dismissed all the time. There could be a strong DUI defense that is applicable to your case, but you need to speak with an experienced California DUI defense attorney to identify one. An attorney can evaluate the facts and circumstances of your case, obtain a copy of the police report, and help you strategize your defense as soon as possible. Take action immediately to ensure you are prepared when you appear in court. When facing DUI charges, it pays to not admit guilt and fully explore your defense options before making any decisions in your case.

If you are in the Tulare, Fresno or Kings County area and have questions about fighting your DUI charges, call experienced DUI defense attorney Christopher Martens today for expert counsel. At The Law Offices of Christopher Martens, we can help you take the steps you need to face your charges confidently. Attorney Martens has over ten years of criminal defense experience and will fight hard for your rights. Contact our Visalia or Hanford, CA offices at 559-967-7386 or email us at [email protected] to discuss a possible plan of action for your case.

About the Author

Christopher Martens

Bio Visalia and Bakersfield criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.


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