A defendant in a Driving Under the Influence case will raise defense so as to avoid being charged and facing a criminal liability The penalties for driving under the influence can be serious and certainly, if you have been arrested, you may well want to speak to a DUI lawyer about the available defenses.
They will take a good look at all the details and determine if the law provides the driver with a suitable defense. There are a good number of commonly used drink driving defenses and the prosecution’s job is to prove that the defendant drove a vehicle while being under the influence. Some common drunk driving defenses include –
- Improper police action
- The accused person was not the driver
- Duress of circumstances – this is where the reason for driving while intoxicated was beyond the person’s control.
- Proving that your drinks were spiked
Searching for DUI Evidence
The defenses available to the DUI defendant depend largely on the laws pertaining to DUI in a particular state. Convictions for DUI also vary from state-to-state. In some states, for a DUI conviction, they do not require proof of actual driving. They just want proof that you were actually operating a vehicle while under the influence.
In quite a few cases, there are chemical test results showing the amount of alcohol the driver had. The police officer on the scene can also testify at trial regarding the driver’s state of impairment. The police officer’s observations can be an important part of the prosecution’s case.
The defense may need to challenge the officer’s observations by bringing in witnesses who were there at the time of the arrest of the drunk driver. As it is, if the police officer did not use proper arrest procedures, it can provide the drunken driver with good defense to a DUI charge.
The police certainly need a proper cause to stop your vehicle and arrest you. If the police officer pulls you over without a legitimate reason, a judge could say the evidence is inadmissible in court.
DUI Defense Attorney looks at your unique circumstances
Certainly, if you have been arrested for driving under the influence, you should be in contact with a qualified attorney as soon as possible. If you are looking for top-rated criminal defense lawyers in Los Angeles, then Takakjian & Sitkoff, LLP can help argue your defenses to a drunk driving charge.
This legal defense team has no less than seven decades of combined CA criminal law experience behind them, and as the most experienced and respected criminal lawyers in Los Angeles, all uncertainties with your case will fly out the window because of their fantastic track record of success.