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Critical defense strategies in fighting DUI charges

On Behalf of | Jun 29, 2021 | Drunk Driving Defense

As a college student, you understand that living away from home provides you with the chance to do some things no longer under the judgmental eyes of your parents. There are many temptations, including alcohol. But imbibing in spirits has consequences, especially after you have had a few too many drinks at a college mixer and decide to get behind the wheel of your car.

A DUI arrest not only may prove embarrassing, but costly personally and financially to your life on and off campus. What type of penalties do you face? Jail, probation, fines, loss of driver’s license, loss of scholarships and expulsion from school. These add up, and you must pursue every chance you can to get the charge reduced or dismissed through effective criminal defense strategies.

Probable cause required

Law enforcement, sometimes, targets college students, viewing them as easy arrests. They often assume that young adults living away from home are up to no good. But authorities understand – and so should you – that they must follow strict legal guidelines in making a lawful arrest and having it hold up in the courtroom.

Here are some situations in which you can fight a DUI charge and potentially win in court:

  • Failing to have probable cause: Authorities must have reasonable suspicion to stop drivers suspected of DUI. There must be a logical reason, and not merely because you are young, of a different race or drive an expensive or dilapidated vehicle.
  • Failure to read your Miranda rights: These rights protect individuals from self-incrimination and inform them of their right to retain an attorney. These rights are required reading by arresting officers.
  • Unreliable readings from a breathalyzer: Law enforcement officers rely on these devices to measure blood alcohol content (BAC). However, they can malfunction and their accuracy, sometimes, comes into question. In addition, officers must have passed training to known how to properly administer a breathalyzer.
  • Certain health ailments that resemble DUI symptoms: A person with diabetes, epilepsy or early stages of amyotrophic lateral sclerosis (ALS) may show signs that, on the surface, resemble drunkenness.

Do not let a DUI arrest jeopardize your college future and potentially your career. Understand the laws that authorities must follow and know about the circumstances that may lead to a faulty DUI arrest.