Getting arrested for a DUI can have a major impact on your life. In the present social climate the Courts and Prosecutors take it very seriously. A DUI can lead to losing your ability to drive, a mandatory jail sentence, and fines of up to $5,000. It is important to protect your rights from the beginning.
I have been helping and representing people charged with DUIs for years. I have seen the harsh impact that a DUI can have on my clients. Estimates say that a DUI can end up costing between $5,000 and $10,000 between legal fees, alcohol treatment, ignition interlock charges, and court fines.
There are a number of ways to defend against a DUI and some of these include:
Probable Cause: The officer had to have probable cause to believe that you were committing a crime or infraction to pull you over. Once the officer pulled you over, he had to have probable cause that you were driving while intoxicated and arrest you. If the police officer did not have the probable cause to believe that you were committing a crime, then evidence against you can be thrown out of court.
Miranda Rights: You have the right to be silent. Your silence cannot be used against you. If the officer did not read you your rights or did so incorrectly or did not do them at the right time, then any self incriminating statements (like an admission to drinking) may be kept out of court.
Implied Consent Warnings: If you were not given the implied consent warnings, not told the consequences of refusing the test, or the warnings were incorrect, then your breath or blood test may be suppressed.
Right to Counsel: You have the right to an attorney. If you request an attorney, then the police officer has to let you talk to one before you take the breath or blood test or answer any questions. The officer has to let you talk to an attorney if you request one. If the officer refuses to let you talk to an attorney or cannot get ahold of one, then the breath test and any statements you give can be thrown out of court.
Breath Test: Click here for more information on the breath and blood test.
Field Sobriety Test : Click here for more information on FST.
DOL Hearing: Click here for more information about a DOL Hearing.
If you want to fight your DUI charge, then a call to set up a free half hour consultation.