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Originally Posted On: https://bippermedia.com/effective-defenses-in-dui-homicide-cases/
Do you know what to do if you are arrested for DUI homicide? DUI homicide charges can result in serious penalties, including time in prison. If you’ve been arrested, it’s important that you know what to expect and how to prepare for your defense. This article will discuss the basics of DUI homicide and the best defense strategies to protect you and your future.
What is DUI Homicide?
DUI homicide is a crime that involves the death of another person as the result of driving under the influence (DUI). It is one of the most serious charges you can face as a driver, and it can have serious consequences for your life. If you’re arrested for DUI homicide, assume that you will be charged with murder. Your attorney will need to prove that there was no intent to kill or cause harm in order for you to escape these charges.
DUI homicide is a felony punishable by up to 15 years in prison. If you are convicted of this crime, you will also lose your driver’s license for a period of time. In addition, the court may order you to pay restitution to the victim’s family.
What Should You Do if You are Arrested for DUI Homicide?
If you are arrested for DUI homicide, consider the following:
- You have to understand that this is a serious offense.
- You must know that you have the right to remain silent. You should not say anything to the police until you have spoken with an attorney. Anything you say can and will be used against you in court.
- You need to contact a qualified criminal defense attorney right away. Your attorney will be able to help you understand the charges against you and begin building your case. It is important to take immediate action to protect your rights.
What are the Most Effective Defenses in a DUI Homicide Case
There are a number of defenses in a DUI homicide case. A skilled attorney will be able to identify the most effective defense for your particular circumstances. Some of the most common defenses include:
Defendant Wasn’t Driving the Vehicle
The first defense strategy is to show that the defendant was not driving the vehicle at the time of the accident. This can be done by proving that someone else was driving or that the defendant was not in the car when the accident occurred.
Defendant Wasn’t Under the Influence of Alcohol
Another defense strategy is to show that the defendant was not under the influence of alcohol at the time of the accident. This can be done by proving that the defendant had not been drinking or that he was not impaired by alcohol at the time of the accident.
No Prior Conviction for DUI
A third defense strategy is to show that the defendant did not have a prior conviction for DUI. This can be done by proving that the defendant had never been convicted of DUI before or that he had successfully completed a rehabilitation program.
Proof that Defendant Wasn’t at Fault
A fourth defense strategy is to show that the accident was not the defendant’s fault. This can be done by proving that the other driver was at fault or that the accident was caused by mechanical failure.
Defendant Wasn’t Speeding
Another defense strategy is to show that the defendant was not speeding at the time of the accident. This can be done by proving that the car was going below the speed limit or by presenting evidence that there were other factors affecting how fast the vehicle was traveling.
Defendant Wasn’t Under The Influence of Drugs
The defendant can also demonstrate that he or she was not under the influence of drugs at the time of the accident as a defense strategy. This can be proven by presenting evidence that the defendant was not driving erratically or exhibiting signs of being under the influence of drugs.
Defendant Wasn’t Distracted at the Time of the Accident
It is also possible to show that the defendant was not distracted during the accident as a defense strategy. This can be done by proving that the defendant was not using a mobile phone or that he was not engaged in any other activity that would have distracted him from driving.
Why You Need an Experienced Attorney By Your Side
If you are charged with DUI homicide, it is imperative that you consult with an experienced attorney as soon as possible. The penalties for this offense can be severe and may include life in prison or the death penalty. A skilled defense lawyer will know how to challenge these claims and explore all of your options.
Several defenses can be raised in a DUI homicide case, and an experienced attorney will know which ones to use in your particular situation. For example, if the police did not have probable cause to stop your vehicle, any evidence that was obtained as a result of the stop may be suppressed.
Additionally, if the police did not properly administer the field sobriety tests or the breathalyzer test was not administered correctly, this could also lead to the suppression of evidence.
An experienced DUI defense attorney will also investigate whether the prosecutor has enough evidence to prove beyond a reasonable doubt that you were intoxicated at the time of the accident.
In many cases, the prosecutor will rely on the investigating officer’s testimony. However, if there are inconsistencies in the officer’s report or if there is other evidence that contradicts the officer’s testimony, this could lead to a dismissal of the charges against you.
Need Help From a Criminal Defense Attorney?
A good DUI defense lawyer can help you identify the weaknesses in the prosecution’s case and work to build a strong defense. This could mean questioning whether there was probable cause for the arrest, challenging the legality of any searches or seizures conducted during your arrest or investigation, and arguing that police failed to administer field sobriety tests correctly.
In some cases, it may be possible to suppress evidence that was obtained as a result of an illegal search or seizure. If you have been charged with driving under the influence, it is important to consult with an experienced DUI defense attorney as soon as possible. Our attorneys at Hanlon Law Clearwater are here to help. The earlier you begin working on your case, the more likely it is that you will be able to win.
Contact us today to schedule a free consultation to discuss your case.
Hanlon Law
600 Cleveland St #1100
Clearwater, FL 33755
(727) 897-5413
https://www.criminalattorneyclearwater.net
