In the U.S., laws are in place that make it illegal to drive while intoxicated. The laws in some states can impose an implied consent ruling. This ruling indicates that the driver has given consent to testing by operating the vehicle while intoxicated. Attorneys can provide a legal defense for drivers who are arrested for this offense.
Reviewing the Potential Penalties
The penalties for a DUI are based on the location in which the driver is arrested. They also depend on the total number of convictions that appear on the driver’s record within the look back period. Typically, the penalties include a jail sentence, fines, and a driver’s license suspension. Select jurisdictions may require an ignition interlocking device installation. If the offense is a felony, the driver could face a prison sentence or permanent revocation of their driving privileges based on the laws of their state.
Identifying Defenses for DUI
The attorney works with the defendant to identify the most appropriate defense. These defenses may include but are not limited to a mistake of fact, necessity, inaccurate test results, and no probable cause for the arrest. A failure to comply with Miranda Laws could also lead to a dismissal.
A mistake of fact indicates that the officer’s initial judgment was inaccurate. A driver who is insulin-dependent diabetic could be mistaken for a drunk driver. If the driver’s blood-glucose levels are too high or too low they could exhibit signs that could be mistaken for intoxication. An assessment of their blood-glucose levels could establish this defense.
Necessity is used for instances such as escaping an attacker. The driver will need evidence of a possible attack to substantiate this claim. Footage from a surveillance system could provide adequate evidence.
A no probable cause defense is used when the officer didn’t have a lawful reason to stop the driver. The driver must commit a moving violation in order for probable cause to be present. This could include speeding, driving extremely slow, or swerving on the road.
In the U.S., laws prohibit drivers from operating their vehicle while they are intoxicated. If they don’t comply with the law, the driver could face a conviction for DUI. The penalties for the offense are based on any previous record of DUI convictions. Drivers who need drunk driving legal help contact an attorney now.