Wednesday, May 6, 2015

Defense against DWI and DUI charges: Protecting one's rights and freedom



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Being found guilty of driving under the influence will have significant changes on a person’s life. At the very least, one can expect their driver’s license to be suspended or revoked. One can also expect significant increases in their insurance premiums. At worst, one may even have to go to jail.

There are ways to avoid a DUI conviction. In rare situations, there are some affirmative defenses to DUI charges. This includes a case based on the necessity of the act, like when a person must drive to prevent dangers such as a threat of serious injury or death. People who are taking medications may also claim that they drove under an honest belief that they are not intoxicated, such as in cases where the impairing effect of a medication should have already worn off.



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Commonly, however, defending against a drunk driving charge involves proving one of the two necessary elements to the charge. In DUI cases, the prosecution must prove that the person being charged drove a vehicle and, was indeed under the influence. When one of these two elements is disproven, the prosecution may be prevented from substantiating its case.

Most DUI and DWI cases start with drivers getting pulled over, so there are usually no arguments as to whether the persons being charged were indeed driving. However, there are still some cases where the arresting officer didn’t actually observe the person driving, such as in arrests made while the car was idle or parked.

Defense attorneys may also call into question the incident leading to the arrest. For instance, they may question as to whether there was a probable cause to make the initial traffic stop. They may also question the accuracy and handling of the field sobriety test.



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