Driving under influence,or driving while intoxicated,is a serious violation of traffic rules. The offense is often treated as a crime and can lead to years of imprisonment depending on the nature of the offense. A felony DUI can land you in jail for a couple of years while a first time DUI conviction will lead to a huge fine and suspension of your driving license for a couple of months. Whatever the charge,you will be fined and be required to install an IID. Below are the top 3 most frequently seen DUI defenses that you or your refusing sobriety test can use to fight the charge:
1. Illegal Stop
Police must have a good reason to pull you over and search your vehicle or test your blood alcohol concentration. If at the time of the arrest the arresting officer did not have a good reason,and there is no outstanding warrant for your arrest,the case can be dismissed as a result of the illegal stop. This is often an effective DUI defense.
2. Faulty Testing
The device used to determine BAC,usually called a breathalyzer,must be serviced and calibrated regularly. It must also be used as prescribed by the manufacturer. Depending on the make and model of the BAC instrument,you can allege faulty testing procedure or device as your DUI defense.
3. Questioning Without Lawyer Present
When placed in custody,the police must read you your Miranda rights. One of those rights is the right to an Terre Haute . The police must facilitate your access to your lawyer. They must not question you without an attorney present. If they questioned you without your lawyer,the violation of your constitutional rights can lead to termination of the case. After all,the offense committed by the police is much more serious than the DUI.