The penalties for a DUI can worsen for individuals involved in an auto accident that causes property damage or injuries. Getting DUI charges dismissed or reduced is the best option for avoiding the associated punishment. That’s why it’s necessary to work with an Accident Attorney in Williston ND area to come up DUI defenses that may prevent a conviction.
No Drive Defense
People who didn’t get into accidents or whose accidents didn’t involve other individuals or property damage may avoid DUI convictions by using the “No Drive” defense. In a DUI case, the prosecutor must prove a person was actually driving while intoxicated. However, if there were no witnesses that saw the individual driving the vehicle, he or she may escape conviction because there simply isn’t enough evidence to place the person in the driver’s seat.
This only works if the police show up after the fact or do not witness the person exiting the driver side of the vehicle. The prosecution will likely present circumstantial evidence to try and place the driver in the car, but it may not be enough to convict the person if the attorney can come up with a reasonable alternative explanation as to why the vehicle ended up in the position it did.
Legal Violation
Another possible defense is to challenge the way the arrest was conducted and any legal violations that may have occurred. For instance, if the police officer didn’t follow proper guidelines for administering a breathalyzer test, then an attorney could prevent the test from being used as evidence against the defendant. Another example is if the officer failed to read the person his or her Miranda rights. This is required when a person is placed under arrest. If the officer does not do as required, the charges against the defendant may be dismissed.
There are many other defenses to DUI charges, but the average person does not know what they are. That is why it’s important to contact an Accident Attorney in Williston ND who has experience handling DUI cases. The attorney can counter the evidence with legal maneuvers that may result in a reduction of the charges or a case dismissal. For help with legal issues stemming from a DUI, contact an Accident Attorney.
