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Beating a DUI charge can be difficult if the prosecution has solid evidence against you. However, it is still possible to win your case, depending on the circumstances surrounding your stop, arrest, and any testing done. Here are some possible defenses that might apply to your particular situation.

No Miranda Rights Warning

The arresting officer in your case is legally required to read your Miranda rights to you. If he or she did not, there is a chance that you can use this oversight to your advantage. Your case will not be automatically tossed out because of the lack of warning, but there is a chance your DUI attorney could get some of the evidence tossed. 

For instance, if the arresting officer did not read your rights to you before interrogating you about being intoxicated, there is a chance that a judge would not allow your testimony to be used against you. If your words were a major part of the prosecution's case, your attorney could argue that without the testimony, the charges should be dropped. There is a good chance that the judge will agree. 

Lack of Probable Case

Police officers do not have the right to randomly pull over drivers. An officer has to have probable case for the stop, such as erratic driving. If the arresting officer did not have a probable case to pull you over, your attorney could ask the court to disregard any evidence that was collected, including a breath or blood test. 

You and your attorney have to provide evidence to show that there was no reason for the stop. For instance, if the police officer stated that you were driving erratically, your attorney could request the dash cam video from the police officer's car. If there is no sign of erratic driving in the video, you could prevail in your case. 

Testing Incorrectly Administered

Each state has laws that detail exactly how chemical tests are supposed to be administered. If those guidelines are not followed, you and your attorney could challenge the validity of the tests. 

For instance, if the chain of command was not respected with your sample, your attorney could argue that there is no way to state with certainty that the sample tested was yours. 

There are many more possible defenses that your attorney could use. Consult with an attorney, like Elgart Ronald H, to discuss the details of your case and form a defense that is specific to your situation.