How to Fight Back Against DUI Charges
Driving under the influence (DUI) convictions come with very serious penalties. If you are found guilty, you could be facing license revocation, significant fines, probation and incarceration. Therefore, it’s important that you work closely with an attorney to exercise all of the defense options that you have available to you in your case.
For you to be found guilty, the prosecution must be able to prove that you were driving a vehicle while under the influence of drugs or alcohol. With this in mind, here are some of the possible defense strategies you could employ in your case:
- “Driving” defenses. If you were not actually driving at the time that you were approached by officers, then you can’t be convicted of a DUI. If the officer didn’t actually see you driving, then you could argue that there is a lack of evidence in your case. For example, perhaps an officer approached you while your car was idle and you were sitting behind the steering wheel. Just because you were behind the wheel doesn’t mean you were driving, or were planning on driving.
- Lack of probable cause. If the officer had no probable cause to make a traffic stop, then you could bar any evidence obtained in the arrest from being admitted in court.
- Lack of Miranda warnings. A police officer must recite your Miranda rights to you as part of the process of making an arrest. If they either did not issue these warnings or did so incorrectly, you could be able to exclude certain pieces of evidence from being used against you in your case.
- Challenging officer testimony. Perhaps there is reason to believe that the equipment used to analyze your BAC was faulty. There could also be specific pieces of testimony given by the officer that you can challenge, such as testimony about the way you were driving. If you can introduce other witnesses who observed your actions and your behavior at the time you were stopped, they could be beneficial in your case.
Consult a skilled Tampa DUI defense lawyer at the Matassini Law Firm, P.A. to learn more about your legal options after a drunk driving arrest in Florida. Call us at 813.379.2007 or contact us online for a free initial consultation.