The following is a list of common DUI defenses that may be available in the state of Washington:
Defenses for Driving
If you were not actually driving a vehicle during the time of the alleged DUI charge, you may not be able to be convicted of driving under the influence. If a law enforcement officer did not actually observe you driving, your case can be debated based on the evidence available.
Defenses for the Arrest
Your arrest may be considered inadmissible if the police officer who arrested you did not have legal justification to pull you over or to arrest you in the first place. This may happen if a law enforcement offer fails to follow the proper instructions during the arrest, such as failing to read you your Miranda rights. If this occurs, you may be able to challenge the arrest. Should this motion follow through, the prosecution may not have a case against you, and your DUI charges may be dropped.
Challenging the Police Officer’s Testimony
Some of the evidence against you during a DUI case may be the arresting officer’s narrative, including testimony, police report, and observations regarding your behavior. The officer may mention traffic violations that you committed while driving, such as exceeding the speed limit, running a red light, or excessively changing lanes. He may also comment on how you acted when you were pulled over. If you can present evidence that refutes the officer’s observations, you may reduce the strength of the case that the prosecution has against you.
If there were other individuals present during the time of your arrest, his or her testimony may help explain the reasoning behind your behavior such as:
- Testifying that you had not drank prior to driving
- Testifying that you appeared sober
- Testifying that you were distracted, but not drunk
Providing Valid Reasoning for Your Behavior
If you can present valid explanations for your appearance and behavior during your arrest, this may help your case. If applicable, you may mention your behavior/appearance was the result of:
- Physical impairments
- Lack of sleep or medication side effects
- Sobriety test instructions being unclear
Murphy’s Law Offices has handled DUI cases in Washington for many years. As an experienced Tacoma DUI attorney, we will carefully review the details of your case and contact you with the best options for resolving your DUI. To set up a free consultation, call Murphy’s Law Offices today at (253) 312-6122.