Can You Beat a DUI Charge?

DUI defenses, as in all cases, are limited only by the defense attorney’s creativity and ingenuity and the boundaries of the law. However, there are categories in which many of their arguments will fall.

The Accused Wasn’t Driving

The burden of proof lies on the prosecution. Who was driving the vehicle is often unclear. The state will have to prove you were driving the vehicle, if they can. Who is driving the vehicle may be a valid defense.

Lack of Probable Cause

The arresting officer must have a valid and legal reason for pulling you over. An experienced DUI attorney will frequently attack the validity and legality of your stop and arrest.

Nobody Read Me My Rights

Not everything you say is usable against you in court. If your mouth ran faster than your mind and you made some incriminating statements, all is not lost. If your Miranda rights violated, your statements cannot be used against you.

The BAC Tests Were Invalid

There is much opportunity for the BAC tests to be compromised. Improper testing procedures, machine malfunction and faulty maintenance procedures lead to inaccurate test results.

Remember, though you may know and understand these defenses, you most likely do not have the ability to argue them in court. Hire an experienced DUI lawyer who handles in DUI cases. Though the above reasons are some of the categories DUI defenses will fall under, the realm of possibilities extends far beyond. A experienced DUI attorney will explore all your options.

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