Tuesday, 06 April 2010 05:31

DUI Defenses That May Apply To You

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Being arrested for drunk driving can turn into an embarrassing situation - especially if you believe that you were unlawfully arrested and mistreated by the arresting officers. Most people just believe what law enforcement tells them, but it's been proven time and again that there are dishonest cops out there.

When you go to your DUI hearing, you will have to prove to the court that you are indeed innocent - which is why it's so important to hire a defense lawyer. You have to remember that you do have legal rights. If you hired a DUI defense lawyer, he/she will definitely help guide you through process.

Here are a few DUI defenses that may apply to you:

* The officer(s) did not your Miranda Rights. If this is the case with you, there may be statements made by you that could be deleted from your case.

* The prosecution has to very confident and prove without a trace of doubt that your blood alcohol level was beyond the legal limit of 0.08% which is the limit in most states. Are there any witnesses that can testify that you were not illegally drunk at the time of arrest?

* Any field sobriety tests that the cops conducted could be shown to be incorrect.

* The breath test machine that the officer used to measure your alcohol level did not function properly or wasn't maintained as per standards. You'd be surprised by how many cases there have been in which it was found that the machine was not properly maintained.

* The defendant may have medical or mental problems that could have affected their driving. There are many people with these types of conditions that have been mistakenly arrested for a DUI.

These are just a few of the DUI defenses that may apply to your case. Consult with your DUI defense lawyer for help with your specific situation.

About the Author:
Maria Palma is a freelance writer committed to helping people with their San Diego DUI. Make sure to hire dedicated and experienced San Diego DUI lawyers.
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