Those who face a DUI charge need to analyze their situation and determine which strategy for fighting the charge is most likely to be successful. The appropriate strategy for your charge will be determined by factors including the details of your arrest, the evidence being used against you, and your interaction with the police officer(s) at the time of your arrest.
The following are three of the most common strategies out there for fighting a DUI charge:
Undermining a charge with an officer's failure to explain Miranda rights
The law enforcement officer who arrested you should have read you your Miranda rights at the time of your arrest if he or she wanted to question you further. If he or she failed to do this and continued to ask you questions after your arrest, you may be able to undermine the charge.
Miranda rights include the right of the arrested individual to avoid incriminating himself or herself with statements made in response to interaction with the officer. Any statements you made after the arrest may be ruled inadmissible.
Citing the officer's failure to express the implied consent concept regarding breathalyzer testing
A police officer must choose his or her wording carefully in order to successfully execute a breathalyzer test to prove that a motorist was driving intoxicated. The officer must be sure to let the motorist know that taking the breathalyzer test is technically an option, not a requirement.
Implied consent laws in the United States make it so that an officer can not force an individual to undergo a breathalyzer test. If you prove that the officer used language implying that you had no choice but to take the test, you may be able to argue that breathalyzer test findings should be inadmissible as evidence in your case.
Proving that the stop at a DUI checkpoint was illegal
The legal viability of DUI checkpoints is highly questionable in the US. Some detractors of these checkpoints argue that stopping a motorist randomly at a checkpoint violates his or her right to protection against unreasonable searches and seizures.
It's important for an individual fighting a DUI charge to be aware of the fact that police officers are only allowed to set up DUI roadblocks in certain circumstances. For example, these roadblocks must be set up so that drivers are pulled over indiscriminately and so that driver and passenger safety is not compromised in any way. Proving that such conditions were not met could undermine the charge.
For more information on how to combat a charge, talk to a DUI attorney in your area.