Anyone who has been charged with drunk driving is likely to wonder what legal defenses they may have. Here are three possibilities a DUI attorney will usually want to explore.
Illegal Traffic Stop
Normally, a drunk driving attorney will try to work through the legal logic of a charge from the beginning. In the majority of cases, the process started with a traffic stop. The police can't randomly pull folks over without cause, and that means there has to be an initial reason.
A DWI arrest is a stressful thing to experience, and a conviction is even worse. If you're convicted, you may have to serve jail time, pay fines, and even lose your license to drive.
Given how serious a DWI charge is, it makes sense to hire a DWI lawyer to help you. Here's how to help your DWI attorney succeed in your case.
Tell Them Exactly What Happened
Go over what happened with your lawyer minute by minute.
Facing criminal charges can be one of the most trying times in any person's life. It seems like your fate is up in the air as you face an upcoming court date where you'll stand in front of a judge and plead your case. If there is a lot of evidence against you the anxiety could be so overwhelming that it keeps you up at night. You may know that you need solid representation but don't feel like you have the money to get it.
A DUI charge isn't fully about what was used to become impaired; it's more about the way the substance affected you. To law enforcement, driving under the influence (DUI) charges are based on your behavior, your driving habits, probable cause, and more. If you are suspected of being under the influence of any substance, legal or not, the charges are generally harsh. Even legally-prescribed medications can impair some drivers enough to come to the attention of law enforcement.
Although it's easy to assume that a defendant charged with DUI or DWI is alleged to have operated a motor vehicle while under the influence of alcohol, most states' statutes are not nearly so specific. In fact, defendants may be charged with (and convicted of) DWI even if the substance they were using prior to their arrest was legally prescribed, including sleeping pills like Ambien, prescription narcotics, or even allergy medication.