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DUI defense: Why the moments before and after your arrest matter

On Behalf of | Jan 24, 2023 | Criminal Defense

You may be subject to a raft of legal and financial penalties if you are found guilty of drunk driving. You can be jailed, fined, or have your driver’s or professional license suspended, among other sanctions.

The only way of avoiding such undesirable consequences is by mounting a serious defense of the DUI charges. It is possible to beat your charges if you know where to look and have the legal knowledge of how things work.

Every aspect is crucial to your defense

Defending DUI charges involves looking beyond the fact that you were accused of being drunk behind the wheel. Other areas of your DUI may be equally decisive, such as the moments before and after your arrest. Here is what you need to know.

Your DUI defense starts at the point where the police pulled you over. This traffic stop is very significant and could affect the direction of your case. Did the police have reasonable suspicion to pull you over? Did they have probable cause to arrest you for drunk driving?

After your arrest, the police must inform you of your legal rights. For instance, you have a right to an attorney and a right against self-incrimination. If the police fail to uphold these and other rights, it can be important to your defense.

What it means to your defense

Suppose the traffic stop was unlawful, or the police deprived you of your right to counsel in violation of your constitutional rights. In such cases, the court can suppress or exclude the prosecution’s evidence from your DUI trial. It could work in your favor.

It just goes on to show that DUI charges are not infallible, and you should not resign to fate just because you have been accused.