Many people, when charged with driving under the influence, look to simply plead guilty and take a plea bargain. They think that the evidence against them is so overwhelming that there is no point in hiring a lawyer to fight these serious charges. They accept the higher insurance rates, the ignition interlock, the fines and potential jail time, and the stigma that comes with a drunk driving conviction. This is unfortunate because there are, in fact, defenses to these charges. Before pleading guilty, be sure to speak to a qualified lawyer about your particular case.
Types of Defenses Offered by an Attorney
Some common defenses that can be raised at trial include:
- Miscalibrated equipment
- Improper traffic stop
- No probable cause to search the defendant
Because many convictions rely upon a person’s BAC at the time they are driving, if a lawyer can show that the equipment was faulty or was not accurate it could cast reasonable doubt on a defendant’s guilt. Likewise, if the lawyer can show that a traffic stop was improper or that an officer violated a defendant’s civil rights by searching him or her without probable cause, the evidence can be dismissed. An attorney will thoroughly review your case to see if any of these defenses can be raised for your particular charges.