Probably all drivers heard the legends of how to surpass a DUI (Driving Under the Influence) charge. It includes the breath mint of sucking on a penny. Sad to say, the following methods are frequently debunked.
Instead of relying on superstition to surpass DUI conviction, there are better strategies to beat any charges. From the police stop until going to court, the following defenses will help in reducing any unreasonable harsh sentence.
Hiring A Strong Defense
The first step in defending yourself against a DUI charge is to hire an attorney. Your attorney will advise you on the best way to defend yourself, and he or she will also work with you to develop a strategy for your case.
After a DUI arrest, it can be overwhelming to know what your next steps should be. With an experienced attorney by your side, you can learn more about the process, find out what rights you have, and how to protect your rights during this critical time.
The most important thing is that you understand that every case is different and that each case has its own set of circumstances. If you are charged with DUI or drunk driving, The Draper Law Firm wants to make sure that we understand those circumstances so that we can fight for your rights and fight for justice on your behalf.
No Probable Cause for Arrest
If a police officer does not have any probable cause to stop a vehicle, detain the driver or even arrest a person for drunk driving, it can be a strong evidence against that police officer when admitted to court.
If the arresting officer did not witness any illegal activity during your arrest, then he or she must have probable cause to believe that you committed a crime against the law.
The phrase “probable cause” means that there is enough evidence to lead a reasonable person to believe that an offense has been committed by you. In order to establish probable cause, the police officer must have had a reasonable suspicion or belief that you committed an offense. If he does not have such a suspicion or belief, then he cannot rely on it as probable cause for your arrest.
Mistake of Fact
The mistake of fact is a strong defense against DUI charges especially when the person has an honest belief that they are not intoxicated. A situation like this happens when the hindered effect of the person’s prescribed medication has worn off.
A mistake of fact is a legal defense in which the defendant’s actions were reasonable under the circumstances, but the court finds that the defendant went beyond what was necessary.
A mistake of fact can be an important tool for those who are facing DUI charges, because it provides them with an opportunity to dispute the evidence against them. For example, if a police officer believes that you were driving while intoxicated, but you tell him that you weren’t drinking any alcohol or using any drugs that night in question, he may be inclined to believe you. However, if this same police officer later discovers evidence proving otherwise — such as text messages from your friends saying they saw you drinking — he may use this new information as evidence against you during trial proceedings.
If your attorney files a motion for a mistake of fact based on new evidence discovered after arrest, it will likely be granted by a judge if it is found that there was no reasonable basis for believing otherwise at the time of arrest.
Involuntary Intoxication
It is a situation when the person accused has consumed alcohol without their knowledge. Episodes like this commonly happen at parties when the punchbowl has alcohol content. Involuntary intoxication is a defense to driving under the influence charges and it is one of the most frequently used defenses in DUI cases. It can be used for any intoxication that was not voluntary.
The main requirements for this defense are:
- You must have had no intention of drinking or using drugs before you got behind the wheel;
- You must have been tested for alcohol (or drugs) after you got behind the wheel;
- The amount of alcohol or drugs in your system must have been below a certain level (generally .08); and
- You must not have driven if you knew that your ability to drive was impaired by alcohol or drugs.
The defense of involuntary intoxication relies on the fact that an individual was not responsible for their actions because they were under the influence of a substance other than alcohol. This can include drugs, medications, or even over-the-counter medicine such as Nyquil or Tylenol PM.
Improper Police Actions
It is a defense that includes testimony or evidence that an officer has violated the appellant’s civil rights. It includes charging a false DUI report or the improper enactment of the officer.
One example is if the police stop you for a traffic violation, but the officer then arrests you for driving under the influence instead, this could be considered a false arrest under the law. You should immediately contact an attorney if this happens so that they can help you get out of jail or at least get compensation for damages.
No Miranda Warnings
If arrested then an officer should provide the defendant with Miranda warnings as part of the proper process. Miranda warnings are the warnings often heard on TV.
It involves having the right to remain silent, having the right to hire an attorney, any words a person says may bear responsibility against them and so on. In any case that the officer doesn’t provide Miranda warnings or incorrectly recites them, then the defendant can rule out certain evidence at trial.
Takeaway
Even without the old wives tales on how to beat DUI charges, a person can completely surpass it. They can surpass it by not driving when intoxicated. Learning about defenses for DUI charges can help an individual in the future.
