You’ve probably heard of the urban tales of beating a DUI charge. Myths such as breathing mint or sucking pennies have landed a lot of people in trouble. You’ll need a better strategy if you’re to beat the DUI conviction. With a formidable defense, it might be possible to convince the prosecution to reduce the charges or have them dropped altogether.
What The Prosecution Must prove For a DWI Case
For a DWI charge, the prosecution will need to prove that the driver that is being charged drove the vehicle while under the influence. In order for the prosecution to get a conviction, the onus will be on them to prove that you were not only driving but and under the influence at the same time.
Possible Defenses For a DWI Charge in St Charles County
If you’re in St. Charles County and charged with Driving While Intoxicated, the attorney will start by asking the details of what transpired. This is to establish the facts behind your arrest. From the time the police stopped you up to when you’re convicted of the offense, there are DWI defenses that can help in reducing the harsh sentence and we’re going to highlight some of them.
Improper Stop
According to the United States Constitution, it is prohibited for a policeman to stop a private citizen without “reasonable cause” What is termed as “reasonable cause” has been a bone of contention over the years. In the context of DWI, the police should only stop you when they see you’ve done something wrong. In the event that you were obeying all traffic laws and your car was in good mechanical condition, it could be possible to assert that there was no reasonable suspicion to be pulled over.
Not Following The Right Field Sobriety Testing Protocol
A police officer will need to follow certain protocols when administering sobriety tests. When they fail to follow the law, any evidence that is brought before a court of law can be suppressed. In St. Charles County, the sobriety tests are just part of the evidence and can’t be considered to be proof of intoxication.
Improper Testing
After you’ve been arrested, the officer-involved will have to organize an alcohol-blood analysis. The tests will also need to be done by a trained and experienced phlebotomist. Waiting for unreasonable times or having the tests done by an inexperienced individual could mean contesting the results which will be beneficial for your case. The police will also be responsible for ensuring the blood samples obtained are well maintained to avoid contamination. The minute questions arise about the validity of the samples, there is a chance that the evidence could be thrown out.
Medical Condition
Having a medical condition could make someone appear or behave in a manner likely to suggest that they’re inebriated. There is also a chance it could interfere with the results of the breathalyzer. There is a diabetic condition known as ketosis that could make someone have the smell of alcohol on the breath.
Inappropriate Communication
Any experienced prosecutor will be aware that it is illegal to interrogate the defendant without their consent or the presence of legal counsel. There are prosecutors that will try to tempt the defendant with an irresistible plea offer. Such strategies could be illegal and that is why it is imperative that you’re getting in touch with a DWI attorney, especially if there is inappropriate communication from the prosecutor.
Violating The Rule of Evidence
There are some defenses that might not be obvious up until the day of trial. It could be the use and inclusion of illegal documents. Working with an experienced attorney can help in determining the violation of the rule of evidence and procedure.
Miranda Violations
The United States Constitution requires that the arresting officer informs the defendant they’re “under arrest” In addition to that, the accused must be made aware of their constitutional rights. In the event that the Miranda rights are not issued, any evidence that is presented afterward could be invalidated.
Getting in Touch With an Attorney
A DWI charge could have severe implications. Depending on the severity of the offense, you could be looking at years behind bars. Representing yourself is also not a good idea. When you find yourself involved in a DUI, it is crucial that you’re seeking the services of an experienced DUI attorney.
They understand the system: It is easy for a DUI attorney to navigate the St. Charles County courtroom with unparalleled ease. They’re up to date with the state and federal DWI laws. The majority of DUI lawyers will offer a free consultation. Given the fact that a DUI charge could have harsh consequences, it is important to have an experienced attorney by your side. Their knowledge of the law and the system will prove valuable if you’re to have the best outcome for your case.
Lesser sentence: If you’re a first time offender, there is a high likelihood that the prosecutor will have a plea offer. The severity of the sentence could also vary depending on the kind of offender you are. A good attorney will be worth every penny as they can have the case dismissed. Such an attorney is highly experienced in examining and refuting the evidence presented by the prosecutor.
Have an in with the prosecution: Since it will not be the first time that the attorney is handling such a case, there is a high chance that they have had an in with the prosecutor. They can negotiate for a better pela on your behalf or a lesser charge and smaller penalties.
Lessen court time: You don’t have to spend a lot of time in the courtroom when you hire a DUI attorney. They’re aware of how stressful the whole procedure can be and will work in your best interest to ensure that you’re spending the shortest time possible in court.
Conclusion
We’ve highlighted some of the potential defenses for a DWI charge. It will be a lot easier to get a good deal or have the whole case dismissed when working with an experienced DUI attorney.
