Being arrested on suspicion of driving under the influence (DUI) is potentially the start of some serious problems. A conviction – whether at trial or via a guilty plea – can lead to a range of consequences. Insurers, too, heavily penalize drivers with DUI conviction. The increase in the insurance premium can be significant and last for years.
Yet, there is a wide gap between an arrest and a conviction. Knowing how to fight the charges may help stop that gap from closing. Options to consider could include the following defense:
1. Challenging the basis for the traffic stop
If a police officer wants to stop a driver, they should first have a “reasonable suspicion” that the driver has broken the law. That might be related to the present, such as when they see a driver weaving in traffic erratically, as if impaired, or merely traveling with a broken brake light. It can also be justified due to past actions, such as when the officer runs a license plate and discovers that there are warrants.
Challenging whether the officer’s suspicion was indeed reasonable has led to many cases being dropped.
2. Challenging the probable cause for the arrest
Once the police stop someone, they have an opportunity to investigate for evidence that the driver really was breaking the law. It’s a higher standard than reasonable suspicion; they’ll need to have “probable cause” to make the arrest. Much of what an officer does in a traffic stop – from asking questions about where a driver has been to asking for roadside sobriety testing is actually designed to generate probable cause.
As these two things can be somewhat subjective, there is often the chance to challenge them and thus challenge the whole charge against you. Naturally, this won’t be straightforward, so it’s best to have someone with the necessary legal experience of these matters on your side.