3 Defenses That May Get Your DUI Charge Tossed Out In Court

Getting a DUI is a scary thing as a driver. You could be facing stiff penalties like expensive fines, being forced to take driving courses, and even jail time in some states. While the majority of DUI cases can result in a charge, there are also a great deal of these cases that get tossed out of court with a good defense strategy. Most drivers have no idea that certain protocols have to be followed for a DUI charge to stand in court. If these protocols are not followed, they may never be brought up unless you have a DUI attorney to defend you. Take a look at three defenses that could possibly get a DUI charge tossed out in court. 

You were pulled over without a good reason. 

Even if you were technically driving under the influence, an officer of the law cannot pull you over as a driver without due reason. The police officer can't just say they suspected you were driving while intoxicated so they pulled you over; they must offer a valid reason relative to how you were operating your vehicle. For example, they may pull you over if you forget to signal, change lanes illegally, or do not turn on your headlights. If your attorney finds that no reason was given to pull you over or the reason given is not valid, the court may have no choice but to dismiss your case. 

You were arrested by an officer after you got home. 

Once you make it home and get inside, you cannot technically be arrested for driving under the influence. Even though the officer may have witnessed you driving while intoxicated, they have to pull you over while you are still in your vehicle in order to actually "catch you in the act." If you were at home, in the house, and already out of your car when you were arrested for a DUI, your attorney may be able to get your charge tossed out. 

You refused to take a breathalyzer because you didn't understand it. 

When an officer offers any type of field-sobriety test, they are mandated to explain to you in perfect detail what they are doing and what can happen if you fail the given tests. If you do not understand their explanation because they did not properly explain and you refuse to take a breathalyzer or another field-sobriety test, it is possible that your charge could either be amended or tossed out in some states. 

For more information, contact a DUI attorney like Winston C. Throgmorton, Attorney At Law.