So you got a DUI? Now What? We tell you what to do when you get a DUI
DUI is a common turn most people use for impaired driving over .08 and refusing to provide a sample of breath. If you’ve been charged with one of these offences you face immediate and significant consequences. This could result in the loss of your license for 90 days if you’re convicted you’re looking at mandatory minimum penalties including fines and possible jail time. If you’ve been charged with a DUI there are a number of ways you can beat the charge the most important first step to determine what defenses you have is to call an experienced DUI lawyer. Every case is different and you need a professional to properly assess your case and find as many defenses as possible even if you’ve blown over the legal limit there are still a number of ways to win. The most important thing to remember is that you don’t have to prove anything the onus is on the prosecutor to prove every element of the offense. Often a prosecutor or the police officer on the stand makes mistakes during the trial which result in you being found not guilty. The most common defenses to DUI are Charter arguments these are arguments alleging that during the course of the investigation, the police have violated your rights in order to arrest you. You would be surprised how often police fail to properly conduct DUI investigations. When a police officer arrests you without grounds to do so just because the officer can smell alcohol and you admit to drinking doesn’t mean you’re impaired. Another common example is when police don’t allow you to call a lawyer or force you to call a free lawyer rather than a lawyer of your choice.
If your Charter rights have been violated we would seek to have the evidence excluded at trial and for you to be found not guilty. Another defence is referred to as identity in many cases police come upon the scene of an accident and find the driver’s outside of their vehicle in order to be found guilty the prosecutor must prove that you were the driver of the vehicle well it seems like this is something that may be easy to prove you would be amazed at how often people beat their DUI based on the officer’s failure to confirm who the driver was. Another way to beat your charge is if the prosecutor is unable to prove the time of driving this is most often a defense when there’s been a car accident or if you stop driving and exited the vehicle. If the police didn’t ask when the accident occurred or what time the drive took place there is little chance the prosecutor can prove their case and you will be found not guilty. if you’ve been charged with refusing to provide a sample of breath there are number of ways to be found not guilty the first is if you have a medical issue that prevented you from providing a proper sample, or if the medical issue has to do with respiratory issues such as asthma but there are countless other medical reasons that may provide you with a reasonable excuse. Another way to beat a refusal charge is if the police officer failed to write down exactly what you said when it is alleged you refused.
If a prosecutor can’t prove an unequivocal refusal you’ll be found not guilty the most common way to beat a refusal charge is to take the stand and testify that you were making legitimate attempts to provide a sample of breath. This is been a very brief overview of possible defenses to your DUI charge. It is important that you understand that just because you were charged or even if you blew over it doesn’t mean that you’ll be found guilty. There are countless defenses for DUI charges based on the specific circumstances of your individual case. In order to find out if you have a defense call me today for a free no-obligation consultation at 647-694-3726.