Common Defenses for DUIs

Common Defenses for DUIs

All it takes is one shot too many to put yourself at risk of being charged with driving while under the influence (DUI). Unfortunately, a DUI charge is one of the most common criminal charges in the United States; in fact, in 2010 the Federal Bureau of Investigation reported that 1.4 million drivers were arrested for DUIs or DUIDs. However, most of these drivers weren’t convicted for their charges thanks to these common DUI defenses.

No Probable Cause

A police officer must adhere to laws concerning probable cause, also known as having a clear and lawful reason to pull over a driver. Therefore, an officer cannot pull over a driver without reason to do so. If an officer made a lawful arrest but didn’t have probable cause leading to the arrest, the case can be thrown out.

Improper Test Procedures

Cops conduct tests to gather evidence of a person’s level of intoxication, however, how an officer conducts these tests is extremely important. All field sobriety tests are highly subjective, and cops must adhere to many standards when using these tests. Therefore, if a cop improperly conducts these tests, it seriously calls into question the validity of the case.

Chain of Custody

All police evidence is handled by multiple officers, and there are strict protocols for how this evidence is supposed to be collected, tested, and transferred: these protocols are summarized as the chain of custody. If police break chain of custody at any point in the case, then prosecutors may have to throw out the evidence.

An Attorney Is the Best Defense

These are only some of the most common defenses Hager & Schwartz uses in DUI cases. Even if none of these defenses work for your situation, there are still dozens of other arguments that may apply to your case. Therefore, the best defense for a DUI case is to pick up the phone and call an experienced DUI attorney.

Charged with a DUI? Call (305) 330-1360 now for a free consultation!