You’re probably upset and concerned if you’ve been arrested for driving under the influence (DUI), also known as driving while intoxicated (DWI), or operating a motor vehicle while intoxicated (OMVI). You have a lot of decisions to make and need assistance understanding your rights and options when it comes to fighting drunk driving charges.
Being charged with drunk driving can be terrifying, but don’t worry. Don’t get caught up in worrying about your upcoming court date. Because there are numerous DUI defenses, you should be able to beat your DUI charge.
DUI (driving under the influence) is a criminal charge levied against a driver arrested for driving while under the influence of alcohol, drugs, or both. The phrase “driving under the influence” refers to the fact that the individual was impaired by drugs or alcohol while operating their vehicle.
The arrested person may face charges of driving under the influence or driving while intoxicated (DWI). Driving while intoxicated is a more common term that refers to a person who has consumed enough alcohol to render them incapable of driving safely. DWI laws in some states only apply to drivers of commercial vehicles such as buses, taxis, limousines, and trucks. In other states, DWI laws apply to all drivers, whether they are operating commercial vehicles or personal vehicles such as cars and SUVs.
Driving under the influence charges or penalties can vary from state to state but generally include:
If you are arrested for driving under the influence (DUI) and charged with driving while intoxicated (DWI), you should contact an experienced DUI/DWI defence attorney. A lawyer can help you understand your rights and defences and ensure that your rights are protected.
The following are some examples of common successful DUI defences:
Although reasonable suspicion is less than probable cause, it still requires an officer to have some evidence that you may be committing a for them to stop your vehicle. If an officer stops your car without probable cause or reasonable suspicion, any evidence seized during the stop cannot be used against you in court.
You are free to remain silent. Before making any statements, you have the right to consult with an attorney. You have the right not to be subjected to illegal searches and seizures. If you are arrested for DUI, you have the option of taking a breath or blood test.
When law enforcement conducts roadside testing for impairment, they use two methods: breath tests and blood tests. Machines measure the amount of alcohol in your breath during the Breath Test. The Blood Test consists of drawing blood from an arm or hand and measuring the alcohol content.
Both tests can detect whether you are under the influence of alcohol at the time, but neither can tell you how much alcohol you have consumed in the previous 24 hours or longer because alcohol takes time to leave your system after you stop drinking.
When you’re facing a DUI charge, it’s important to speak with an experienced attorney as soon as possible. It can be tempting to try to handle the situation yourself, but you should never do this without an attorney.
At Brookman Law Group, we have years of experience in criminal defense, and we know how to help you protect your rights during this difficult time. If you’ve been charged with drunk driving or driving under the influence, Don’t go through this alone— call us at (267) 415-4623 or contact us online to schedule a free consultation with one of our experienced DUI defense lawyers.