How a Lawyer Defends a DUI

When one is accused of DUI (Driving Under the Influence of alcohol or drugs) or DWI (Driving While Intoxicated) it can be a very intimidating experience. Most people are not raised to question authority, especially when a police officer has caught someone "red-handed." A person immediately panics, realizing that he or she has been drinking, and may accept whatever plea bargain the state offers, just to escape trial. However, there is a legal defense to DUI or DWI, and it involves several different aspects of questioning the arrest. All drivers should be aware of these pointed defense questions:

1. Was the driver accused actually the one driving?

Not only must the prosecution prove that the driver was DUI, but it must also be proven that the defendant and the accused driver are the same person. In the case of an accident, there may be no witnesses to the scene. A driver has the right to remain silent when questioned but very often panicked drivers admit to everything for which they are accused.

2. Did the officer have probable cause?

The arresting officers must always have probable cause to stop a driver, detain a driver and to arrest a driver. No policeman has the right to harass a driver or invade privacy in the absence of evidence. If an officer cannot prove that he had probable cause to stop a suspect, then evidence could be rejected.

3. Did the officer read the driver his or her Miranda Rights?

No matter what a driver states as to innocence or guilt, if all Miranda warnings were not given at the appropriate time, evidence can be rejected in court.

4. Did the officer give implied consent warnings?

An officer is required by law to advise motorists of consequences that result from refusing to take a chemical test. Additionally, the officer must administer the test correctly. If this doesn't happen just so, then this could also affect the admissibility of all related evidence.

5. Was the driver truly under the influence?

The arresting officer's observations and "professional opinion" can be questioned in court. For instance, what were the circumstances in which the field sobriety test was given? What does the officer consider failing results, and is this opinion subjective? Witnesses can be brought in to testify as to a driver's sobriety.

6. Was the driver's blood-alcohol concentration level accurate?

Problems can occur with breathing machines and other forms of testing thanks to problems in conversion, as well as radio frequency interference, inaccurate readings, absorptive phase drinking (inaccuracy from immediate drinking), retrograde extrapolation, and other defects in analysis. The defense has the right to hire its own forensic expert to determine the accuracy of the blood alcohol level reported and deliver alternative results in favor of the defendant.

7. Was the driver's arresting officer completely unbiased?

Not only could the officer have been biased but there also is the unlikely but still possible instance of police corruption or fraud.