Possible DUI Defense Strategies



Posted: Saturday, October 03, 2009

by Paul Taylor King

There is probably nothing more irksome of all the possible traffic violations than that of DUI or driving under the influence; in some states, it is also called DWI or driving while impaired or driving while intoxicated. In other states, this offense is referred to as operating a motor vehicle while intoxicated or OWI or OMVI. In plain terms, this refers to being caught driving while the alcohol levels in their system is over the legal limit. Once charged, one then needs to be able to come up with a DUI defense for them to be able to get out of the problem efficiently with the help of a qualified lawyer.

And though for most cases of offenders, their defense is constantly to deny the charges and appeal to a whole bunch of stipulations. What most individuals fail to be conscious of is that the best DUI defense can in some cases be the flaw of the arresting officer. Though it may be rather thoughtless for some to pin the blame on the authorities and that it rarely happens, being able to identify flaws or neglect on the part of the traffic enforcers. This is not entirely the best defense one can have as it rarely occurs, then again, should this happen, it becomes a rather large advantage to both the individual and their lawyer.

Such cases wherein the officer would fail to read the individual the Miranda rights. Should one not be able to be read their rights will immediately obtain a waiver to these rights and anything they say in any questioning thereafter would most likely not be recognized and rejected by the court. There are also some cases wherein an officer may exhibit poor judgment in imposing the DUI violation, these would as well be among the best possible DUI defense an individual can have. There are such cases wherein an individual has indeed commit a traffic offense but is not intoxicated in any way has been apprehended and charged with a DUI. This is clearly misjudgment on the part of the arresting officer and will give an individual the advantage of a more reasonable trial if not dismissal of the case. When an officer also mistakes other symptoms of intoxication on any individual without probable cause, it is not proper grounds to charge an individual with a DUI. One must remember that what an intoxicated person exhibits may also be demonstrated by someone who is sober and may just not be feeling well.

To learn more about DUI Penalties, DUI Defense and much more, simply click on the links or visit DUIpenaltiesFAQ.com.
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Top-level comments on this article: (1 total)
» left by Scott Kepner
 2 years 92 days ago.
I couldn't agree more Paul. I see it all the time where individuals decide to represent themselves in court against a DUI charge and fail to hire a DUI lawyer to represent them and end up being convicted of the charge, but what they don't realize is that mistakes were made by the arresting officer and if they had hired a lawyer from the start there would have been a good chance that their case would have been dismissed on at minimum the charges would have been reduced.
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