A DUI or DWI charge doesn’t always mean you’ll face the full force of the law. There can be severe repercussions like fines and jail time. However, experienced lawyers can use a range of tactics to have charges reduced or even dropped. Your chosen DWI lawyer may recommend some of these defense strategies:
Signs of Intoxication
If you are adamant that you weren’t under the influence of drugs and alcohol while driving, your DWI lawyer may attempt to use signs of intoxication as a defense. This refers to what the officer noticed when they pulled you over, such as:
- Bloodshot eyes
- Slurred speech
- Poor field sobriety test performance
- Bizarre behavior
- Bad driving
While these can be signs of intoxication, they may also relate to fatigue, physical disabilities, and other explanations. Together, you and your lawyer may be able to prove that your apparent signs of intoxication weren’t related to drugs or alcohol at all.
Illegal Traffic Stop
Law enforcement has the right to pull you over at a DUI checkpoint or roadblock. They can also pull you over if you broke the law or performed a traffic violation. However, if they pull you over without a legitimate reason, you may be able to use this as a DUI defense. If the police pulled you over at random and only discovered drug or alcohol use after doing so, the evidence they obtained may be inadmissible in court. This may mean the courts don’t have enough to charge you with a DUI.
You Weren’t Driving
Being charged with a DUI when you weren’t driving can be a complex legal problem. In some states, law enforcement can charge you with a DUI if you’re in the driver’s seat of a vehicle, even if you aren’t driving. The prosecution only needs to prove that you were in physical control of a vehicle while under the influence of drugs or alcohol. However, your lawyer may help you fight those charges if you were in the driver’s seat but didn’t have the keys. The prosecution may find it challenging to prove that you were in physical control of a vehicle when you didn’t have the keys to start it.
Duress
Many people choose to drive drunk or under the influence of drugs for no other reason than they want to. However, that’s not true in all cases. Some people need to drive under the influence because:
- They fear death or harm
- They need to escape a threat
- Of another person’s actions or words
- Of a situation that isn’t their fault
Proving duress can be complicated. However, if you have enough evidence to support this defense, it may be effective for reducing charges or being acquitted of them.
Miranda Rights Violation
You must be advised of your Miranda Rights before undergoing an interrogation relating to your DUI. These include the right to remain silent and the right to an attorney. If you haven’t been read these rights, any statements you provide beforehand may not be admissible in court. As a result, if you admitted to driving under the influence of alcohol or drugs in a custodial interrogation before your rights were read, this statement may not form part of the prosecutor’s evidence.
Being charged with a DUI doesn’t always mean you’ll face harsh penalties. Your chosen DWI lawyer may suggest some of these defense strategies above to secure a more favorable legal outcome.
