Defense Against DUI Charges—Part One
CALL/TXT CRIMINAL DEFENSE ATTORNEY JAKE GUNTER (801) 373-6345. LET HIS 20 YEARS’ EXPERIENCE WORK FOR YOU. HE HAS DONE THOUSANDS OF DUIs IN HIS 20 YEARS IN THE COURTROOM
Especially in Utah, the penalties for DUI (driving under the influence) and DWI (driving while intoxicated) offenses are very serious. So if you have recently been arrested for DUI or DWI and you want to fight the charge, it is important to understand the defenses possibly available to you. In this article, published on behalf of the DUI defense attorney in Provo of Howard, Lewis & Petersen, will examine what the prosecution must prove and how you can defend yourself against their claims.
In a DUI or DWI case, the prosecution must prove two main things: 1) the defendant (the person being charged) drove a vehicle and 2) while driving, the defendant was “under the influence”—their ability to drive was affected to an appreciable degree by drinking alcohol, taking a drug, or a combination of alcohol and drugs.
If you can prove either one of these elements to be false, the prosecution cannot prove its case. A defense might also prevent evidence from being used in trial, which significantly harms the prosecution’s ability to prove its case.
Defenses Relating to “Driving”
If you were not actually driving a vehicle at the time of the alleged offense, then you cannot be convicted of DUI or DWI. Although, most DUI/DWI cases start with a driving getting pulled over, so this defense does not apply there. However, if the officer did not actually see you driving—if you were parked, idling in a parking lot, for example—the issue might be debatable.
Defenses Relating to the Arrest
- If the officer did not have a legal justification (probably cause) to stop your vehicle and/or arrest you, or
- If the officer failed to follow proper legal procedures during the arrest (e.g. Miranda warnings were not properly recited to you), then
Any evidence obtained during the traffic stop or arrest might be deemed “inadmissible” and, therefore, kept out of a court case against you. This could leave the prosecution without significant evidence and the charges could be dropped.
