WHAT YOU NEED TO KNOW IF ARRESTED FOR A DUI.
If you have been arrested for Driving Under the Influence (DUI) you may believe you have no chance of successfully defending yourself against the charge. However, this is often not the case.
DUI cases are complicated and it is often more difficult for the prosecution to prove your guilt than you might believe. DUI cases can often be successfully defended. A good DUI defense attorney can often convince a prosecutor to reduce the charge and/or penalties or even dismiss it all together. In other cases where there are key issues in dispute, it sometimes makes sense to take the case to trial.
You should not presume the police did everything properly. Police officers sometimes make mistakes during DUI investigations. A good DUI defense attorney can spot these errors and use them to your advantage. For example, the police must have reasonable suspicion to stop you and initiate a DUI investigation. They need probable cause, a higher standard than reasonable suspicion, to arrest you for DUI. In appropriate cases, your DUI attorney can make a motion for a hearing on these issues and force the prosecutor to prove that the police met these legal requirements.
Likewise, arresting officers often make mistakes in the way they administer breath tests or collect blood for a blood test. They are required to follow procedures and, if they fail to do so, it can cast doubt on the test results. And there are other factors that can effect the accuracy of a breath or blood test.
If you are facing a DUI charge, you should not assume that you have no chance. A good DUI defense attorney can analyze your case to determine if there are facts which can be used in your defense. Therefore, it is wise to let a DUI attorney review your case before making a decision regarding your plea.