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Common Defenses when Faced With DUI Charges

A viably strong defense with the help of a trusted criminal defense lawyer Houston can actually give you an acquittal as a trial’s result, so it’s really important to know what kinds of defense you could use based on the circumstances and other facts surrounding your case.

 

This could be achieved by knowing the things that the prosecution needs to prove in order to produce a conviction. For one, the prosecution in a DUI or DWI case needs to prove two important points for you to be guilty—first, that you, as the defendant, were indeed driving a vehicle and second, that you’re “under the influence”. By influence, it means that your ability to safely operate an automobile has been greatly diminished by the intake of alcohol, a drug, or a combination of both. So, as for the defense, it could be anything that could substantially disprove one or both of these facts, which immediately prevents the prosecution from ever proving its case. This varies, as was said earlier, according to the circumstances present and more importantly, where you are.

 

Now, one of the most common defenses that you could employ regardless of state is the defense related to the driving part of the offense. What needs to be proven here is that by the time of your arrest or the period where you were implicated for committing DUI or DWI, you weren’t actually driving. This is very hard to prove, of course, and downright impossible if you were caught after being pulled over by the police, but if the police officer didn’t actually see you driving, then it would be very debatable, and your chances of mounting a successful defense is high. A common scenario to consider is when a police officer approaches your idling car with you behind the wheel in a parking lot.

 

Another defense you could go for is the circumstances of the arrest itself. You could try to prove that the arresting officer didn’t have any legal justification to pull you over and arrest you in the first place, or you could argue that they failed to comply with the standard protocol required when making an arrest. If you could prove these things, you could argue that the evidence these officers might have gleaned is inadmissible, which will ultimately leave the prosecution without any case at all, forcing them to drop the charges.

 

Understand that this article is not here to help you get away from your responsibilities but to actually give you more free time to reflect on your activities, and somehow make a change of self. DUI and DWI are things not to be proud of, or even things you need to experience. So stay away from trouble!