The fact you are clicking on this article means you may have been charged with a DUI and are facing a conviction, or know someone that is. If that is the case, we are offering the 5 DUI defense options that may be applicable to your case.
- DUI Stop Outside a DUI Checkpoint
Law enforcement officers must have reasonable suspicion to pull a person over in their vehicle, and they can only briefly detain a driver to complete their investigation. For example, if an officer suspects you of a DUI, he or she may administer a field sobriety test to identify probable cause for an arrest.
An officer has a legal right to pull you over for various legal infractions, such as driving above the speed limit, a failure to observe a traffic light, weaving in and out of lanes, driving with a burned-out headlight, or driving idly along the road.
When the officer pulls you over, they must be clear in their reasoning for making the traffic stop, which will be included in the incident report. If you or a DUI lawyer in Oregon believe the arrest was not legal, as the officer had no probable cause to pull you over, all evidence collected during the case will be thrown out, and the charges will more than likely be dismissed.
- Dispute the Suspicion of the DUI
A police officer may believe you are driving under the influence due to the smell of alcohol on your breath, slurred speech, bloodshot eyes, or poor motor functioning. However, the traits may not be caused by an intake of alcohol and instead maybe due to a medical condition, side effects of prescribed medication, or from the smell of mouthwash. You can therefore throw doubt into the officer’s suspicions by providing prescription documentation or medical documentation.
- Stating an Officer’s Failure to Afford Miranda Rights
Every US citizen must be read their Miranda Rights upon arrest, which will detail they are not required to incriminate themselves further, so can utilise their right to remain silent. Every law enforcement officer has a legal obligation to inform detained persons of their Miranda Righters under the law.
If you were arrested for driving under the influence and a police officer failed to Mirandize you, a DUI attorney could argue that all evidence collected should therefore be ruled as inadmissible, which could lead to your acquittal.
- A Victim of Racial Profiling
No law enforcement officer has the right to single out a minority for an arrest. Sadly, racial profiling can happen, but that doesn’t make it legal. If you believe you were the victim of racial profiling for a DUI stop, you could bring up the defense in court, with the aim of investigating the arresting officer’s motives.
- Challenge the Breathalyzer Results
A faulty breathalyzer could be the reason you experienced such high BAC results. You could therefore make a case that the breathalyzer was not appropriately maintained, that the device was malfunctioning, or a user error caused an inaccurate BAC reading. What’s more, an over-the-counter product, such as mouthwash, could also have heightened the readings.
Categories: General
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