DUI and DWI Defenses

The penalties for DU and DWI offenses can be extremely serious. If you have been arrested for DUI or DWI and desire to fight the charge you should recognize all of the defenses that may be obtainable to you. By mounting a feasible defense you might help influence the prosecution to drop or reduce the charges avert the suspension of your driver's licens In a DUI or DWI case, the prosecution must prove two main things:

1.         The person being charged (the "defendant") drove a vehicle and

2.         At the same time the defendant was "under the influence” meaning that the person's aptitude to drive securely was affected to a significant degree by drinking alcohol, taking a drug, or a combination of alcohol and drugs. In a DUI or DWI case a protection is able to be anything that proves one of these two elements wrong, and thus prevents the prosecution from proving its case. A defense might also prevent the examination from introducing evidence at trial, which reduces the prosecution's skill to prove its case.

Defenses linked to Driving

Most DUI and DWI cases begin with a driver receiving pulled over so there typically isn't much argue over whether the defendant was in fact driving. But if a police officer didn't actually observe you driving the officer approached your inactive car while you were at the back the wheel in a parking set.

Defenses linked to the Arrest

If the police officer did not have legal reason to stop your vehicle and arrest you in the first place or if the officer unsuccessful to follow proper legal actions during the arrest any proof gleaned from the traffic stop so reserved out of a court case next to you. This could leave the action with no actual case and the DUI or DWI charges next to you could be dropped.

Refusal reason to Arrest

If an officer did not have possible reason to stop your vehicle hold you or arrest you for drunk driving then you may be capable to keep any evidence obtained during the arrest from being admitted at trial. If you suppose you were stopped because of your race or ethnicity and not as you were driving randomly or appeared to be intoxicated you may be able to confront the arrest.

Miranda Warnings

If someone arrested a police officer have to provide him with Miranda warnings as part of the procedure. These are the warnings you hear on that no matter which you say may be worn against him and that he has the right to a lawyer and so on.