Tips on Improving Your Situation Before DUI Court

There are two general approaches to improving your chances for a favorable outcome before trial on a DUI charge. The first approach involves being proactive and addressing how you got the DUI charge in order to minimize sentencing. The second approach is more reactive and designed to fight the DUI charge by arguing you are not guilty. Whether you are guilty or not, consult a DUI attorney for assistance fighting a DUI charge or minimizing punishment for a DUI conviction.

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What is a rising BAC (Blood Alcohol Content) defense?

It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of driving — not at the time of being tested. Since it takes between 45 minutes and 3 hours for alcohol to be absorbed into the system, an individual’s BAC may continue to rise for some time after he is stopped and arrested.

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The officer never read me Miranda rights. Can I get my case dismissed?

The only possible consequence of failing to advise a suspect of his or her Miranda rights is that the prosecution cannot use any of the suspect’s answers to questions asked by the police after the arrest. This has little or no application to drunk driving cases, because an officer can question a driver as much as he or she pleases while the driver is in the car and not under arrest, without giving a Miranda warning.

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