So it was the middle of the night, on an open road with no one else around. Except for the cop that pulled you over so can you argue there no risk involved?
Can you argue for the fact of no risk drunk driving? It seems like a long shot, but you might have a few mitigating factors. Here you can see a more legal take on the risk of drunk driving.
A drunk driving defense attorney might be your only chance, to a fair defense.
Probable Cause and Arrest
A police officer must have probable cause to first, pull you over, and second, to detain you. Although there is no clear guide on what counts as probable cause, it’s reasonable to investigate various factors.
Common factors for probable cause that lead a cop to pull someone over include:
- Generally reckless driving
- Changing lanes unsafely
- Failing to stop at stop signs or red traffic lights
- Disobeying basic driving safety laws
- Accidents or wrecks
In addition to all of these common factors, and many other traffic violations, an officer can make an arrest at a DUI checkpoint. regularly, these checkpoints are set up on holidays or days when there were high volumes of drunk drivers.
After any of these situations, a police person can use your appearance, smell, or the presence of an open container to request a test. When driving in Indiana, the driver gives implied consent. That means that if a police officer has probable cause to suspect the driving is intoxicated, they must comply with testing or face severe consequences.
Generally, refusal of a blood, urine or breath test will result in fines and at least the immediate suspension of their license. Refusal of a test can also lead to immediate arrest as it might be seen as a sign of guilt.
“I Wasn’t Driving”
Maybe you were pulled over the side of the road, or sleeping off the alcohol in the backseat. You could have even just been in the passenger seat, and now you’re facing a DUI.
It’s extremely unlikely, but these cases come to DUI defense lawyers every day. There is a sturdy defense available, and it’s the lack of observation defense.
Indiana requires that the police officer see the alleged DUI offender driving the vehicle. That situation is almost always the case. But, there are many times when a cop pulls over to see if a parked car needs help and then they see an intoxicated person.
The question that police use to defend their actions on a DUI in these cases is, “how did the person get there, without driving?”
A defense lawyer can help you in this situation. First by acknowledging that the cop can’t prove you were driving. Then, if that does not work, by acknowledging that as you “came to your senses” you realized you were not fit to operate the vehicle.
Although that’s not the favored approach, it can help if a guilty verdict seems unavoidable.
An Indianapolis DUI Attorney Can Explain Your Situation
When entering a vehicle after intaking any substance, many medications included, it’s important to understand the risk. But, if you were driving and believe that there was no risk associated with your DUI, you need legal help.
Situations of no-risk could be:
- No reason for the cop to have pulled you over
- Was in a safely parked vehicle.
- Was not the driver of the vehicle.
Only a lawyer can help you prove your cases in these situations. Too often when people defend themselves, they are overrun by the prosecution. A judge will no doubt, listen to the report from a cop, more intently. It is not a fair way to do things, but that is why it is so critical to have an attorney present.
Get an Indiana DUI Attorney On Your Side
Working with a DUI Attorney can help you better understand your options in handling this case. If you believe that your situation was unique, then you deserve for a judge to hear your side. Many people feel that it was safer to drive than it was to stay where they were. Additionally, you might not put anyone in immediate danger.
Finally, there is the rare occasion where you may not have even been driving. It’s critical that you have legal help in these situations. DUI cases often only hear out the police officer and then move on to sentencing.
Get a fair chance, and hire a DUI defense attorney today. Call the Rathburn Law Office to have a lawyer look at your case right away. Their knowledgeable and friendly staff can explain your situation. They will help you through the entire process!