Charged For A DUI That Didn't Happen? Think About Evidence

Posted on: 25 April 2017

Driving Under Influence (DUI) laws exist to protect people from dangerous drivers who operate their vehicles under the influence of alcohol or other substances, but not all DUI charges are valid. It's not unheard of for a person to go to their car to get something out of the trunk or glove compartment, only to be caught by a police officer who happened to be watching a club or bar for repeat offenders. If you're truly innocent, but struggling for proof, here are a few things to think about instead of relying on word of mouth alone.

What Were You Doing In The Car?

Protecting citizens from DUI dangers is an important job, but the overzealous or eagerness to catch offenders can result in hasty decisions and tense situations. If you've been drinking and have keys in your hands, the police likely aren't the only ones who have DUI concerns on the mind.

Going anywhere near your car while intoxicate and with keys is a social awkward point to many people. Getting into the driver's side just looks bad, but if you're a bit tipsy or flat-out drunk, appearances might not be your top priority. Unfortunately, it's about what an arresting officer thinks.

Did you put the keys in the ignition? Did you start the car? These answers need to be a resounding NO in reality and in the courtroom, so don't flounder on these answers and be sure that police can't prove you wrong.

Remember: police have cameras to back up their authority, so if a police camera manages to get a clear view of your keys in the ignition or your car's rear lights turning on, you're not in a good position to argue. If police can't prove the car operating indicators, you've got the advantage.

A Lawyer Can Guide Your Argument

If you've got all of the evidence you need to defend your position, you could still incriminate yourself. Police officers are still human, and in addition to being potentially wrong as much as the next person, their decision could be supported by ego or the simple will to be right. Saying the wrong thing could be twisted into an argument against you.

Think about the car operating proof example in the previous example. Confidence is important, mostly because if you're not sure of whether or not you turned on the car, a sober police officer could blame your lack of memory on alcohol and exert enough confidence to make their argument better. They could be honestly mistaken or lying to get a good arrest on their record, but if they have confidence in the face of your confusion, they're much closer to defeating you in court.

Getting evidence and being confident is for the court room and with your lawyer's guidance, no where else. Don't argue with police at the scene of the arrest, and don't go talking to people about the situation. Anyone could be a witness who brings in a corrupted account of what you said, so keep your confident statements between you and your lawyer until a lawyer instructs you to answer in court.

Contact a DUI lawyer to discuss your situation and to plan your next set of actions to seize innocence in the face of a bad charge. For more information, contact companies like Winstein, Kavensky & Cunningham, LLC.