Best Defenses against a DUI Charge

A DUI or drunk driving charge in California can be quite a serious crime, and a costly one at that. So, if you are accused of this deed, you should do everything you legally can to have the charges thrown out.

Whether you did commit this crime or not, you should know that it is not the end of the road there, because the prosecution needs to follow a strict procedure when processing you. If any part of the process has not been according to the law, you may have a chance to win the case. All you need is a good criminal defense attorney, like https://www.monderlaw.com/. Tell them all the particulars of your case, and they may be able to help you. Here are some of the best lines of defense.

The Stopping Was Illegal

In the USA, the police cannot stop your car unless they have a reasonable suspicion that something is wrong. What that means for your particular case is that the police cannot stop you just based on their hunch that something is wrong, they must have some form of evidence that there is a criminal act underway in your car.

So, if you follow the rules of the road and you don’t swerve and there is no mechanical fault with your car, you can argue that the police had no right to pull you over and search you. That would make all of the evidence they have gathered inadmissible in court and the case would most likely be thrown out.

You Have a Medical Condition

The most common indicators that you were driving under the influence that the police uses are slurred speech, redness of the eyes and an alcohol odor. However, all of these things can also be caused by some medical problems as well.

For instance, there are some neurological problems which may cause your speech to become slurred, whereas allergies and the flu can easily cause red and watery eyes. Finally, if you have diabetes, you may experience a condition called ketosis, which is essentially fermentation of the blood sugar into alcohol. In some instances, this phenomenon is so potent, it can actually trigger breathalyzer tests.

Miranda Rights Violation

If you are being detained, the police are obligated to inform you that you have been arrested, and not just having a conversation with the police. At that point, the arresting officer must read you your rights, which include staying silent, obtaining an attorney and similar.

Everything you tell them after that point is admissible in court, so it is advised that you don’t speak to them until you get yourself a DUI defense attorney to advise you what to do and what to say. If you have not been told your Miranda rights, anything they got from you, including a blood sample and a confession of guilt will not be valid in court.

Sneaky Interrogation Tactics

The police cannot question you without your attorney present, and they cannot make you speak. However, they can still ask you questions and talk, which is what they will most likely do. They may even offer you a plea bargain in exchange for your confession, which any good attorney would advise against.

If that happens to you, you should refuse and consult your lawyer, telling them what had happened. The attorney can then possibly ask for the case to be thrown out because the police failed to follow protocol. They want to use your ignorance of your rights in this kind of a situation. Don’t fall into the trap. Judges dislike this kind of practice as well, so it may be a good avenue of defense.