San Francisco, CA – A DUI or DWI charge can have serious consequences, including fines and jail time. However, skilled lawyers have a range of tactics to potentially reduce or dismiss charges. If you find yourself facing a DWI charge, your chosen lawyer may recommend several defense strategies to secure a more favorable legal outcome.
One possible defense is to challenge the signs of intoxication observed by the officer during the traffic stop. These signs may include bloodshot eyes, slurred speech, poor performance on field sobriety tests, bizarre behavior, and reckless driving. While these signs can indicate intoxication, they can also be attributed to factors such as fatigue or physical disabilities. With the help of your lawyer, you may be able to prove that these signs were not related to drug or alcohol use.
Another defense strategy revolves around illegal traffic stops. Law enforcement has the right to pull you over at a DUI checkpoint or if you broke the law or performed a traffic violation. However, if the police pull you over without a legitimate reason, this can be used as a defense in a DUI case. If the evidence obtained by the police is deemed inadmissible, such as when they randomly pulled you over and subsequently discovered drug or alcohol use, it may weaken the prosecution’s case against you.
In some instances, you may face a DUI charge even if you were not driving. In certain states, law enforcement can charge you with a DUI if you are in the driver’s seat of a vehicle, regardless of whether you were driving. The prosecution only needs to prove that you were in physical control of the vehicle while under the influence. However, your lawyer may be able to help you fight these charges if you can establish that you did not have the keys to start the vehicle, making it challenging for the prosecution to prove that you were in control of the vehicle.
Duress can also be used as a defense in DUI cases. Some individuals may have felt compelled to drive under the influence due to fear of harm or to escape a threat caused by someone else or a situation that was not their fault. Proving duress can be complex, but if you have sufficient evidence to support this defense, it can potentially reduce charges or lead to an acquittal.
Additionally, a violation of your Miranda Rights can provide a defense in a DUI case. Before an interrogation related to your DUI, you must be advised of your Miranda Rights, including the right to remain silent and the right to an attorney. If these rights were not read to you, any statements you made may be deemed inadmissible in court. Therefore, if you admitted to driving under the influence before your rights were read, the prosecutor may not be able to use that statement as evidence.
When facing a DUI charge, it is important to remember that there are various defense strategies available to you. With the help of an experienced DWI lawyer, you can explore these strategies and work towards achieving the best possible legal outcome in your case.