DUI Lawyer | DUI Defenses
DUI Lawyer | Getting arrest for Driving Under the Influence (DUI) can be scary, especially if it’s the first time you’ve made a mistake and gotten in trouble with the law. Fighting a DUI arrest and charges can be hard, but possible. A Charleston SC DUI Lawyer can help you prepare a defense, but there are a few things you should know upfront about fighting your DUI.
What The Prosecutor Must Prove
A DUI is pretty simple. All the prosecutor must do is prove that you a.) operated a motor vehicle, and b.) was impaired by alcohol or drugs more than allowable by law while operating that vehicle. These two things are often not hard for a prosecutor to do if there is a breathalyzer or blood test, failed field sobriety tests, and body cam footage and testimony from the arresting officer.
Your Charleston SC DUI Lawyer can help determine if you have any driving defenses such as not having been the one driving or that you were sleeping in the car and never turned it on. However, even if you weren’t behind the wheel, if the prosecutor can prove you were driving at one point while impaired, you can still get convicted of DUI.
Arrest Procedure Defense
Another area that your Charleston SC DUI Lawyer will look into is if you have a defense related to how you were arrested. Were the proper procedures, such as reading your Miranda rights, followed? Was there probable cause to stop your vehicle in the first place? If you weren’t pulled over for a legitimate reason, all evidence obtained by the police during the arrest could be thrown out and not be able to be used against you. There are also times when the officers might fail to warn you that refusing a chemical test means your license will be suspended for six months automatically.
Test Results Defense
Your Charleston SC DUI Lawyer may also challenge the test results due to how the test was conducted, or the accuracy of the test due to food or medication consumption of the defendant. Challenging tests results is often the hardest defense to mount.
If you need a DUI lawyer to help you with your defense, call the Law Offices of Peter David Brown, P.A. at 843-242-0933