What are some common defenses to a DUI charge?
By Jonathan Blecher on January 17, 2023
A lot is on the line if you have been charged with drunk driving. Depending on the nature of your charges, you risk a mandatory jail term, fines or even a license suspension, among other penalties. Fortunately, it is possible to overcome your Miami DUI charges with the right approach.
Remember, a DUI is like any other criminal charge. The prosecution must prove your guilt beyond a reasonable doubt for a conviction. You cannot be found guilty if that legal threshold is not met, and it all boils down to your defense.
Every aspect of your DUI case matters
When it comes to DUI defenses, the clock starts running as soon as the police pull you over. The legality of your traffic stop and subsequent arrest are crucial to your case. Additionally, the police must advise you of your legal rights when you’re under lawful custody and being interrogated.
When law enforcement officials fail to follow the proper arrest procedures or violate your constitutional rights, it could provide a good defense against your DUI charges.
Another common defense is challenging the prosecution’s evidence relating to your intoxication. Was the person who conducted the sobriety tests qualified for the role? How accurate are the sobriety test results? Were there any chain of custody errors when handling your samples for chemical tests? These are just some ways to challenge the evidence against you and poke holes in the prosecution’s case.
Get legal assistance with your DUI case
A solid DUI defense is a mix of legal arguments, motions and objections. Therefore, it is best to seek experienced guidance when faced with drunk driving charges. Proper legal representation in your DUI case can make a huge difference and increase the odds of a desirable verdict.