DUI Defenses

Before you go thinking that your DUI charge simply cannot be defended, first speak with an experienced DUI defense attorney! Your attorney will tell you that there are many possible defenses to a DUI and many weaknesses in the prosecution’s claims that your attorney may be able to expose.

For instance, your attorney will ensure that in addition to being intoxicated, that you were in fact the driver. Your attorney knows that the prosecution must prove that you were the driver. It’s also important that the police had probable cause to stop you, detain you and arrest you for DUI.

In addition to probable cause, the police must have also followed proper protocol during the DUI investigation and arrest. One of the biggest factors is whether or not they read you your Miranda rights, which remind you of your right to remain silent. Also, if you refused to take a chemical test, the police must read you the Implied Consent warning to ensure that you are aware of the consequences for refusing to take the test.



During your court trial, your attorney will also question the arresting officer. For instance, if the officer claims that you ran a red light because you were drunk, your attorney can argue that there are other factors besides intoxication that may have caused you to do this. An example might be that you had just worked a double shift and you were simply too tired and your reaction time was off.

Another example might be that the officer stated your behavior showed signs that you were drunk. For instance, your eyes were blood shot. Again, there are many reasons why a person’s eyes could be blood shot. Your attorney may argue that you have allergies or that your contact lenses were irritating your eyes.

If you were given a field sobriety test, your attorney will make sure that the officer followed proper protocol. The officer must first demonstrate for you how to take the test and must ensure that there is enough lighting and that the road was not slippery.

As you can see, there are many possible defenses to a DUI charge—and these are only a few!