Have you been arrested for DUI or DWI and want to fight against these? Then it is necessary to know all the defenses that are available to you. Defenses helps you to come out from this case and prevents your license from suspension. In the DUI or DWI cases, the defense should prove that an individual being charged had not drove the vehicle under the influence of drugs or alcohol and prevent the prosecution from proving the case.
The defenses available to save an individual from these cases depend on the situation the arrest takes place. There are some ways to fight DUI or DWI charge.
Defense related to driving
Defense related to driving is referred if you are charged for DUI or DWI even though you were not driving the vehicle under the influence of drugs or alcohol. If you are charged even though you just parked the vehicle in a parking lot. You can fight against your charge if you have proper evidence. Introducing witness who observed you at the time of arrest can prevent you from charge.
Defense related to arrest
If the police officer failed to follow proper procedure at the time of arrest, you can fight against your charge. If you are charged without any proper cause it comes under defense related arrest.
- With out any proper cause:If you are charged without any proper reason then you may be able to fight against your charge. If your vehicle is stopped even though you are not driving harsh or not driving under the influence of drugs or alcohol or not driving while intoxicated, then you may be able to challenge your DUI and DWI charge.
- No miranda warning: Miranda warning is a part of arresting process. Police officer should provide miranda warning before arresting an individual. If an officer is failed to provide you miranda warning or not recited them properly then you can challenge your arrest.
Defense related to sobriety tests
Sobriety tests include breath analyzing, blood and urine tests to measure the concentration of alcohol in samples. You can fight against your arrest by proving that the test results are not accurate.
You can challenge your charge by providing following evidences:
- If an officer failed to provide necessary information about the tests and consequences if you refuse to take these tests
- If an officer did not calibrate and operate the instrument properly
- If the test results are not accurate
- If the instrument is not working properly
- Testing your blood alcoholic concentrations during the absorption phase
If your arrest is due to the refusal of field sobriety tests, offering proper evidence like you are not performed due to some neurological or physiological disorders, your eyes are red due to lack of sleep and speech is slurred due to taking some medications and then you can fight against your arrest for DUI or DWI.