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  Criminal / DWI / DUI Arrest
 

It can be difficult to know exactly what to do if you have faced a criminal/DUI/ or DWI arrest. Even if you are technically guilty of the crime, there are some ways that you can reduce your sentence and build a proper defense for your court date. By working with an expert lawyer who has experience in building proper defenses for your crime, you can work to establish a good defense and have the prosecution reduce or drop your charges completely. This could mean that you could avoid jail time, keep your drivers license or maybe even be acquitted entirely of your crimes.

Generally for a case to be successful against you, the prosecution needs to prove that you actually committed the crime and were in control of your actions at the time of the crime. In the case of a DWI or DUI arrest for example, they will need to prove that you wear driving the vehicle at the time and also intoxicated or under the influence of drugs  at the time of your arrest and while you were driving the vehicle. If you can establish a defense that proves one or both of these elements incorrect, this will allow you to see a reduced sentence or potentially even be acquitted of your crimes altogether.
If it is difficult for you to prove these initial claims in your defense there are some other forms of evidence that you can present that will help you to reduce your sentencing, or prevent the prosecution from introducing specific evidence into the trial that could prove your guilt. With the help of an expert lawyer who has had a variety of experience in using creative defenses for the type of case that you were involved in, you can have the best possible chance at reducing your sentencing or being acquitted of your crime.

One of the most simple defenses in a DUI/DWI case is the argument that you were not actually driving at the time of your arrest. If the police officer did not actually observe you driving, or approached the car while it was idling, this can give you a more formidable defense against a DUI or DWI charge.
For criminal cases, this is a common defense as well. If an officer cannot provide the court with tangible evidence that you were actually the person who committed the crime, you can defend that you had little to no involvement in the situation. If you can provide an alibi as well as a credible witness that can attest to your alibi, this can be an excellent defense in a criminal case. Proving that you were elsewhere at the time of the crime makes it very difficult for a court of law to press charges.

If you cannot prove the first defense you may need to look into defenses related to the arrest. Quite often if a police officer has strayed from their code of conduct, or infringed on your legal rights much of the evidence that has been built against you can be dropped or taken out of the courtroom completely. This can help to absolve you of guilt and work as an excellent defense in reducing your charges as well.

Some of the common defenses that are related to arrests:

Probable cause: if you were pulled over, searched, or walked in on without any form of probable cause, this can suggest that there is little to no evidence against you completing the crime. A police officer need some form of probable cause to make an arrest and to initiate searches for an arrest. If you are not driving erratically, appearing to be intoxicated, or appearing to be committing a crime at the time of your arrest, you can challenge any of the charges that have been placed against you. Be sure to discuss all elements of your arrest with your lawyer so that they can determine whether or not you can use this defense. Establishing whether or not the police had probable cause to arrest you can be an excellent defense that can reduce your sentencing or have you acquitted of all charges.

Defenses in police processing: when you are arrested you have a number of rights. If a police officer is filled to read you Miranda warnings or recite them correctly upon your arrest, this means that you can exclude much of the evidence that was brought forth in the trial. Because you are not presented your rights at the time of your arrest you can build a defense suggesting that you were not aware of your rights during your arrest and disclosed information that would've been withheld had you been read the correct Miranda rights. Using this defense you can reduce some of the evidence that has been collected against you and build a strong defense.

If you cannot build a case based upon these defenses you can also look into witness defenses as well as DNA testing defenses. If you feel as though the evidence is quite shaky, you could ask that the scene of the crime be tested for DNA or that the blood and saliva tests from your DUI/ DWI tests be shown in court. If these tests cannot prove definitively that you were intoxicated at the time of the crime, or physically present during the time of the crime, this can help to absolving you of guilt and build evidence in your defense.

Witnesses are one of the final forms of defense that you can take on. If there were witnesses present when you were pulled over for a DUI/DWI charge, that can offer valid explanations for what happen  or say that you appeared sober during the time that you were pulled over, this can help you to build credible evidence in your defense. Witnesses that can also provide a recounting of the events of the criminal case can also help you to reduce your sentencing and refute some of the evidence that has been presented against you. Finding credible witnesses can be done with the help of an experienced lawyer. Any help that you can find from a credible witness could mean the difference between a hefty charge or being acquitted of your crimes entirely.
These are just some of the defenses that can be used in these forms of cases. Building a strong defense may require utilizing a number of these defenses or even getting creative and using some prior statute defenses to win a case. As always establishing a good defense if you are arrested should be done with the help of a qualified professional with experience in criminal/ DUI/ DWI cases.