What defenses are there in a DUI case?
Potential defenses in a given drunk driving case are almost limitless due to the complexities of the offense. Roughly speaking, however, the majority can be broken down into the following areas: • Driving: Intoxication is not enough; the prosecution must also prove that the defendant was driving. This may be difficult if, as in the case of some accidents, there are no witnesses to his/her being the driver of the vehicle • Probable cause: evidence will be suppressed if the officer did not have the legal cause to a) stop, b) detain, and c) arrest. Sobriety roadblocks present particularly complex issues. • Miranda: incriminating statements may be suppressed if warnings were not given at the appropriate time. • Implied Consent Warnings: if the officer did not advise you of the consequences of refusing to take a chemical test, or gave it incorrectly, this may invalidate a DHSMV license suspension based upon a refusal to provide a breath/blood sample. • “Under the Influence”: the officer’s o
Potential defenses in a given drunk driving case are almost limitless due to the complexities of the offense. Roughly speaking, however, the majority can be broken down into the following areas: • Driving. Intoxication is not enough: the prosecution must also prove that the defendant was driving. This may be difficult if, as in the case of some accidents, there are no witnesses to his being the driver of the vehicle. • Probable cause. Evidence will be suppressed if the officer did not have legal cause to (a) stop, (b) detain, and (c) arrest. Sobriety roadblocks present particularly complex issues. • Miranda. Incriminating statements may be suppressed if warnings were not given at the appropriate time. • Implied consent warnings. If the officer did not advise you of the consequences of refusing to take a chemical test, or gave it incorrectly, in some states (including Massachusetts) this may invalidate a RMV license suspension based upon a refusal to provide a breath/blood sample. • “Un
