When you have been arrested on suspicion of driving under the influence, it may be easy to feel guilty. You are treated as though you have committed a crime before you are convicted by the court. Simply by being arrested, the Department of Motor Vehicles takes steps to suspend your driver's license, regardless of the outcome of the criminal trial. However, it is important to remember that as per United States law, you are innocent until proven guilty and you can work with a DUI defense attorney to protect your legal right to this innocence.
Common DUI Defense Tactics
DUI arrests may seem black and white; if your blood alcohol content is over the legal limit, then you are guilty and if your BAC is below 0.08%, then you are innocent. This is rarely the case. Some drivers with a BAC below the legal limit find themselves facing DUI charges, and some drivers with a BAC reading of 0.08% are victim to a false reading. Until you speak with an attorney, you may not know the multitude of ways that you can defend yourself against such charges.
An attorney can utilize the following defense strategies on your behalf:
- You were not driving when the officer stopped the vehicle
- There was no probable cause to stop your car and make an arrest
- You were not read your Miranda Rights
- Your appearance and behavior were attributed to factors other than alcohol
- Police did not inform you of warnings or information related to a BAC test
- The chemical BAC test was improperly administered
- The results of the BAC test were inaccurate due to any number of factors
Depending on the type of BAC test that was administered, your attorney can use specific defenses related to common problems with each type of test. For example, a breath test may show a higher reading due to the presence of mouth alcohol or a blood test left untested for a few days may ferment and increase the BAC reading. While it may seem like these results are accurate, there are many ways to cast a shadow of doubt on your true BAC.
A criminal conviction for DUI can put your rights and freedoms at risk. Act now by contacting Damascus Road Law Group for a complimentary consultation.