DUI means driving under the influence. Usually, alcohol or illegal drugs are involved. Getting a DUI charge can be embarrassing, frustrating – and terrifying. You may wonder if you will lose your license or lose your job. Even worse, this type of criminal charge sometimes affects child custody arrangements. If you need to defend a DUI charge, contact a criminal defense attorney. He or she will know what type of defense might work in your favor.
Basic DUI Laws and Your Criminal Defense Attorney
Each state has its own laws regarding impaired driving. Generally, though, laws will include the blood alcohol concentration (BAC) levels above which a driver is considered impaired or intoxicated. For example, Michigan law states that it is a crime for drivers over age 21 to have a BAC of 0.08 or more. Drivers under age 21 must be below 0.02.
State laws also give the penalties for driving under the influence. Common penalties include:
- Fines
- Suspension or loss of license
- Jail time
- Alcohol-education programs or rehabilitation
- Installation of an ignition interlock device
To defend a DUI charge, you have to know which state laws apply to your case. Then, you need a criminal defense attorney who understands the laws and how to use them. Your attorney might suggest some of the following common defenses.
Law Enforcement Did Something Wrong
Your criminal defense attorney may find that the police officer or even the prosecutor made a ‘mistake.’ The following defenses usually fall into that category:
- The officer did not have a valid reason to stop you.
- Someone performed improper field sobriety tests or blood tests.
- The police cannot prove that you were driving the vehicle.
- The arresting officers failed to read you your Miranda rights.
- The police or prosecutor’s office made mistakes in the charging documents related to your arrest.
Your criminal defense attorney may defend your DUI charge by challenging the way law enforcement stopped, tested, and arrested you.
Some Defenses Relate More to You
As you and your attorney delve more into the facts of your case, you may find some of the following defenses:
- A prescription drug or something you ate altered your test results.
- You have a medical condition that mimics drunken behavior or caused you not to pass the field sobriety tests.
- You gave valid reasons for your behavior that the police officer ignored.
- Someone else actually was driving the car.
- You did not comply with the officer because you do not understand English.
Also, you and your criminal defense attorney will look for witnesses who can back up your defenses. Witness statements may help, as well as pictures and videos. Getting an attorney’s advice immediately after you are charged is essential to getting the best result possible.
To Defend a DUI Charge, Talk to a Criminal Defense Attorney
At the Dailey Law Firm, P.C., our team of skilled lawyers and professionals provide the high-quality legal services you need. Call us at 844-342-5353 to set up a free consultation or use the Contact Form on our website. There’s no fee for personal injury cases unless we win.
We represent clients throughout the entire United States. You can reach us online or visit one of our offices in Detroit, MI; Chicago, IL; or Valparaiso, IN.