If you don’t want to lose your driving privileges or gain a criminal record following a DUI arrest, you need to come up with an appropriate excuse or alibi. The right kind of defense will allow you to beat the charges and go back to your old life unharmed. DUI conviction has harsh legal and social consequences, which is why you should never plead guilty. Beating a first-time DUI is relatively easy, but only if you have DUI Defense Attorney in San Francisco, CA, by your side. Several kinds of defenses are available against a DUI charge, but only a seasoned lawyer can determine that which of them is applicable to your case.
1. I wasn’t even driving
Technically, you aren’t doing anything wrong if the vehicle isn’t in motion. DUI is an abbreviation for ‘driving under the influence’, thus you can only be charged if you were drinking and driving. For instance, if you were merely sitting in a parked car while enjoying a drink or smoke, the cops do not have probable cause to press charges and initiate an arrest.
2. The stop was illegal
Traffic police suspects drivers of being drunk or intoxicated when they violate traffic rules or are observed to be driving recklessly. If you were doing none of those things and minding your business, the cops shouldn’t have a reason to summon you. If you were pulled over and interrogated without cause, you are entitled to call it an illegal stop.
3. I was intimidated
It is common of drivers to get anxious when a cop asks them to stop and answer some questions. Therefore, drivers tend to act suspiciously despite being sober. If the cop instructs them to perform field sobriety tests, they fail miserably due to nerves. Sometimes, cops are rude and misbehave, so the driver does not know how to react.
4. I was sober, my driving needs improvement
If you weren’t drunk, it is okay to admit that your driving is terrible. Taking responsibility for a traffic infraction beats being wrongfully convicted for DUI.
5. The cops set me up
Drivers can be the victim of entrapment; however, if you are going to accuse cops for framing you, you better be telling the truth. Law enforcement takes these allegations very seriously, so you should talk this over with your attorney first. Cops may set up drivers by conducting illegal stops/searches, and planting an incriminating abject (in the victim’s vehicle) in the process.
6. The cop did not recite my Miranda Rights
Many people who have never been arrested before are unaware of their constitutional rights. Occasionally, cops use this to their advantage to get a confession out of an alleged offender. If you were not informed about your right to remain silent and request a lawyer at the time of the arrest, you can bring this to light and get the charges revoked.
7. The Breathalyzer was broken
Alcohol breath test results are not an accurate representation of BAC levels, especially if the Breathalyzer is faulty. More than often, these devices are not properly calibrated or malfunction due to lack of maintenance. Therefore, the reading obtained from a broken Breathalyzer would be unacceptable and prosecution may have no other evidence against you.
8. It was fatigue/sickness, not intoxication
At times, the symptoms of fatigue or a common illness (fever, flu, eye infection, etc.) can be mistaken as those of intoxication; examples include blood shot eyes, slurry speech, and profuse sweating.
9. I was under the influence of a lawful drug
Many prescription drugs can also cause slight intoxication; fortunately, being under the influence of lawful medicine is not a crime, so you will be forgiven.
10. The testing procedure was faulty
Cops frequently make mistakes in testing procedures, which can mess with the results. For example, if you believe that your blood sample was not properly withdrawn and stored, the evidence against you would become invalid.
