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3 possible DUI defense strategies

On Behalf of | Oct 13, 2021 | Criminal Defense, DWI Defense

A lot is on the line if you are facing a DUI charge. A conviction could mean mandatory jail time, a suspended license and a tarnished reputation. 

It’s crucial that you defend against your charges by mounting a credible and thorough defense strategy. Any of your DUI case components are fair game, from the traffic stop that led to your arrest to the evidence presented at trial. Below are some defense strategies that you may employ in your case.

Illegal traffic stop

The constitution protects you from an unlawful search and illegal traffic stops are included. Law enforcement officers need probable cause to pull you over. If the police stopped you based on a hunch or unreasonable suspicion, they have infringed on your rights, and such evidence obtained unlawfully may not be admissible in court.

The field sobriety test was inaccurate or invalid

The field sobriety tests administered to you may have been improperly carried out, and besides, such tests are not 100% accurate in determining your sobriety. More so, medical conditions may interfere with some field sobriety tests like the one-legged stand. Weather conditions, too, may influence the results of such tests.

Miranda violations or improper interrogation

The police must inform you that you are officially under arrest, which is distinguishable from a basic conversation where you are free to leave. If you are placed under custody, the police must immediately advise you of your rights, including the right to remain silent and that statements you make after that may be used against you in a court of law. If your Miranda rights are not read to you upon arrest and interrogation, any evidence obtained may not be admissible in court.

These are some of the defense strategies you can use to fight the charges you face. It is not an exhaustive list by any means, which is why you may want to learn about more strategies you can employ in your case to increase the chances of a favorable outcome.

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