4 Common DUI Defense Strategies That Work

Just because you are pulled over and charged with a DUI does not guarantee that you are guilty. You have a chance to present a DUI defense in court to save you from a felony or misdemeanor. Here are some of the most common DUI defense strategies used by criminal attorneys to help you be found innocent in a DUI case.

You weren’t read your Miranda rights

Under the Fifth Amendment, police are required to administer the Miranda rights if an arrest is to be made. If the officer does not read you your Miranda rights, or they vary in any way, then your arrest cannot be seen as legal, and the case against you must be dismissed.

dui defense

You were pulled over for no reason

Under the Fourth Amendment, the police must have a reason for pulling you over or a probable cause. Law enforcement must have either a warrant out for your arrest or a reasonable cause to be able to stop you. The probable cause needs to be documented in the police report for the DUI arrest. If there is no valid reason for the traffic stop, then search and seizure become illegal.

A blood sample was taken without a warrant

According to recent US Supreme Court law, a warrant is necessary to obtain a blood sample to test a blood alcohol concentration because it is so intrusive. Therefore, a suspect cannot be charged with refusing this type of test when a warrant is not present. If a warrant is present, then a proper analysis needs to be conducted for the results to be considered valid.

The officer did not follow the proper protocol

This can mean several things. First, the officer may not have conducted the field sobriety tests properly, like administering the breathalyzer. Secondly, the officer may not have followed the proper chain of custody when making the arrest. Simply put, if any part of the arrest process is conducted improperly, the DUI defense attorney can help you fight the allegations.

If you are a driver under the age of 21, and you have a BAC of 0.02% or higher, you will be charged with DWI under New York’s Zero Tolerance Law. It’s important to know that if you get charged with a DWI or DUI, you have options. Give us a call today if you have been charged with a DUI and need DUI defense.

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