When you get pulled over by the police, it can be a scary feeling. Getting charged with driving under the influence can be disheartening. I’ve helped many public defenders handle DUI cases over the years, because DUIs are one of the most common charges we see in the criminal court system. As a charged individual, it’s essential to fight your case in court and try to get your charges reduced or dismissed.
You may hesitate to fight your case if you don’t have the money for an attorney, but this is where I come in. Everyone has the right to a fair trial and legal representation under the law. If you get charged with a DUI in Terre Haute, Indiana, for example, you can either spend your own money and hire a Terre Haute criminal defense lawyer or the court can appoint a public defender to represent you. (And if you got hurt in the wreck, you might need a good car accident lawyer.)
Although public defenders handle many cases and may not give you the time and effort that a paid attorney would, it’s better to have a public defender than to not fight your case at all. With a public defender, you’ll still have a chance of reducing or dismissing your charges, whereas you’ll have no chance if you give up on your case completely.
Lack of Evidence
Both public defenders and criminal defense lawyers use common defense strategies for DUI cases. The first strategy they may use is to challenge the evidence that the police have against you. Your attorney will look at the breathalyzer results or any blood tests administered and try to identify a fault in the evidence. If you were given sobriety field tests at the scene of the accident, these tests can also be challenged in court.
Stopped Without Reason
It’s also possible to defend your case by questioning why you were stopped. Police officers can’t pull you over unless they have reasonable cause for doing so. If you were speeding or driving recklessly, then the cops had a valid reason to believe you were drunk, but if you were driving responsibly and they stopped you and gave you a DUI, it’s possible that your stop was unwarranted.
Your Miranda Rights
Police officers are required to read you your Miranda Rights when they arrest you. These rights include the right to remain silent, the right to an attorney, and notifying you that anything you say can and will be held against you in court. If the police officer doesn’t read you your rights, it’s possible to throw out evidence from your arrest.
Fighting your DUI charges is essential. Even if you don’t think you have a chance of winning your case, your attorney will likely have a strategy to help you.