Lake City DUI Arrest Defense Attorneys
It is common for people to think that when they are pulled over and arrested for driving under the influence, the police are doing their jobs properly. Unfortunately, that is not always the case. Law enforcement officers are sometimes overzealous in their pursuit of laying charges and making arrests and so, they do not follow the proper procedure. When they fail to do this, it can serve as a valid defense. Our Lake City DUI arrest defense attorney can challenge the stop and the arguments of the prosecution to give you the best chance of retaining your freedom.
Lack of Probable Cause is a DUI Arrest Defense
Law enforcement must have reasonable suspicion to pull you over for a suspected DUI. However, to make an arrest, they need to have probable cause, which is a much higher level. Probable cause may include hearing a driver’s slurred speech, seeing an open container of alcohol in the vehicle, or the driver admitting that they had several drinks before getting behind the wheel. If the officer did not have probable cause to arrest you, any evidence obtained, such as breath test results, can be thrown out of your case.
An Illegal Arrest is a DUI Arrest Defense
In most cases, law enforcement must obtain a warrant before they make an arrest, but the law gives police great authority to make a warrantless arrest in DUI cases. This is due to the fact that while an officer leaves to obtain a warrant, the driver could leave the scene. Under the law, police officers can make a warrantless arrest if a crime was committed in their presence, which also applies to many DUI cases. Still, if the officer did not actually see you driving, it can serve as a DUI arrest defense. For example, if police arrested you based on an anonymous tip, that is an illegal arrest and any evidence could be thrown out.
Failure to Read Miranda Rights is a DUI Arrest Defense
Any time an officer arrests you, they must read you your Miranda rights. Under these rights, you have the right to remain silent and the right to an attorney. If they ask you questions after they have arrested you and have not read you your rights, it is an illegal arrest and anything you say can be thrown out of your case. Still, it is important to note that officers are not required to read you these rights until they place you under arrest. If you say anything before that time, it can still be used against you. As such, it is always best to say as little as possible to law enforcement any time they pull you over.
Our Lake City DUI Arrest Defense Attorney Can Prepare a Solid Defense for Your Case
Challenging the arrest is just one of many possible defenses in DUI cases. At Meldon Law, our Lake City DUI arrest defense attorney will examine the facts of your case and determine which defense is most appropriate so you have the best chance of beating the charges. Call us today at 800-373-8000 or fill out our online form to schedule a free consultation.