According to a report published by National Highway Traffic Safety Administration (NHTSA), although the number of deaths due to DUI have decreased in the past 30 years, however, still the figure is staggering. According to this report, nearly 30 people die every day in DUI related accidents. It further states that alcohol-related motorist accidents claim more than 10,000 lives per year. This may sound more surprising, according to the report, that a person who is pulled over for DUI offense, has already driven 80 times at the minimum while intoxicated.
The above-mentioned facts depict that those who regularly drink alcohol, also drive eventually. Facing charges for a DUI is a difficult phase of someone’s life; and the best way to deal with it is to not to get involved in a DUI offense, at all. It is important to note that DUI refers to driving under the influence of alcohol or other drugs that impair the driver’s senses.
However, if you are facing charges for a DUI offense, there are few effective ways to deal with this situation:
According to the Fourth Amendment of the US Constitution, the citizens are protected against unlawful searches and seizures. The police must have a probable cause to stop, detain or arrest a citizen for a DUI offense. The case may be dismissed if there is no probable cause. For a valid DUI charge, the police must have a reasonable and substantial suspicion or belief that you are involved in some criminal activity which is known as ‘Probable Cause’. In case the officer does not have any ‘probable cause’ for stopping the car, the evidence considered as a result of the illegal procedure will be suppressed which means, it cannot be used in the prosecution against you.
DUI breathing testing is considered the most common way to determine the defendant’s BAC (blood alcohol content) which measures the amount of alcohol in your breath, and not directly in the blood. The amount of alcohol in breath is used to determine the amount of alcohol in the blood.
However, there are many cases when these tests results become erroneous; such as:
These aspects can be used in defense of the accused and hence, proved that the person was wrongfully charged with DUI offense.
The accused is observed at the police station after the stop when the officer believes that the person indicates impairment by drugs or alcohol. In the Alcohol Influence Report, these observations are noted down such as watery eyes, slurred speech, or swaying while standing. If the report states that the person had watery or bloodshot eyes, the argument in defense can be raised that the condition was due to other factors such as fatigue, heavy smoking, illness or lack of sleep.
The detained driver is subject to ‘Miranda Rights’ before the interrogation of the case begins. According to the US Constitution, the statements made by the river in response to the questions of a police officer will be admitted in the criminal trial only if the driver was made advised to seek Miranda Rights. These rights refer to the accused right to consult the lawyer before interrogation. In case, the detained driver was not advised of these rights, the statement cannot be used against the defendant.
Field Sobriety Tests are given to the driver at the roadside to observe whether he or she is under the influence of alcohol or drugs or not. These tests include Horizontal Gaze Nystagmus, Walk and Turn, One Leg Stand and Finger to Nose test. It is very important to closely review these results written on the report, by the officer. If the details of the results are flawed, the test result can be challenged in the court.
These are a few ways that increase the chances of dismissal or reduction in the DUI charges. However, it is advisable not to drive while intoxicating and avoid any situation that may lead to these charges. In case of facing DUI charges an experienced DUI attorney can fight for your rights.
[Total: 0 Average: 0]
Fill out the form below to recieve a free and confidential intial consultation.
Click here for important legal disclaimer.