Potential Defenses in an OC DUI Case

Potential Defenses in an Orange County DUI Case

If you are being charged with DUI, bear in mind that it is yet not the end of the world for there are several ways in order for you to escape from the negative consequences of such case that is being filed against you. Penalties can be avoided; your record will remain untainted and the most important is the possibility of keeping your license.

In a DUI case many things are possible to happen and these would greatly depend on how strong your defenses are. DUI attorneys are there to help those accused to set up very strong and credible defenses. They are trained to do it. You can contact the nearest DUI lawyer in your place or others who are also experts in the same field.

Different states have different DUI laws. For that reason, defenses would also differ and depend on what state you are from. The Dui attorney, after determination of all the facts, will then determine the best defenses for the case given. And these defenses may be based on a multitude of theories depending on what the DUI lawyer would find out. These may include the discrepancy in procedure on the part of the arresting or investigating officer which occurred either during the investigation or administration of the chemical test.

The DUI lawyer may question the manner in which the blood alcohol test was conducted if it is evident that the said test was not properly conducted. This considered as one of the best defenses because the result of an improper blood alcohol test cannot be made to be admissible in court.

As provided under the landmark case of Miranda v. Arizona as decided by the United State Supreme Court, the apprehending police officer must read the Miranda rights before doing the apprehension. Failure to do so is another defense which could be used in court.

Aside from those mentioned drunk-driving cases rest mainly on the testimony of the arresting officer. If the testimony of the police officer becomes inconsistent for various reasons such inaccuracy can be used as a defense.

A DUI attorney after examining the case can suggest other strategies in dealing with the case and one of which is to enter into a plea bargaining. In such set up the defendant will plead guilty to a lesser offense for him to get a lesser penalty from that of the original case filed against him.

Here are a few things to consider when entering into plea bargaining:

  • The degree of the DUI charge
  • The strength of the evidences presented
  • Previous DUI record/conviction
  • The chances of winning the case
  • Penalties for conviction

As statistics have shown, there are not many plea bargaining handed out in DUI cases. But there are DUI lawyers again who know the ins and outs of the law and are willing to help you evaluate your case and provide better options. Call one now as more often, the evaluation stage is offered by these lawyers free of charge.