No two drunk driving arrests are ever the same. Each will come with its own unique set of facts and circumstances. In some cases, the prosecution will present a strong case — with irrefutable evidence — that is virtually guaranteed to result in a conviction. In other cases, it’s clear that the defendant has the upper hand and should aggressively defend against the charges all the way to trial if necessary.
Then there are the unusual cases that require a less-than-usual approach during the criminal defense process. Here are two examples of uncommon criminal defenses that could apply to select situations:
The accused person was drunk but he or she wasn’t driving
Sometimes police arrest and accuse the wrong person for a crime and drunk driving cases are no different. Imagine your completely sober friend was driving you home from a late night party — and using your car to do it. Your friend gets into an accident, and you both get out of the car to inspect the damage.
The police might assume that you were behind the wheel because the car is registered in your name. In a situation like this, you might be able to prove that you were not driving at the time of the collision.
Police violated the defendant’s civil rights
Police are skilled at honoring an accused person’s rights, but sometimes they make a mistake and act improperly — for example, by pulling a suspect over without sufficient cause for doing so. In these situations, if a defendant can prove that police acted improperly, the entire case might get dropped or dismissed.
Regardless of the circumstances surrounding your DUI arrest, you have the right to a criminal defense. Moreover, you will not be convicted or punished until — and only if — the prosecution proves that you’re guilty beyond a reasonable doubt.