Understanding Your DUI Defense Options

If You're Arrested

Being arrested for DUI is frightening. Police will ask questions, conduct sobriety tests, and possibly take a breath or blood sample. Here's what you need to know: you have the right to remain silent and the right to a lawyer.

Initial Steps

After arrest, you'll be taken to the station. Request a lawyer immediately. The police must stop questioning once you request one. Contact us or a lawyer right away.

You'll likely be charged with "driving under the influence" (DUI) or "driving while intoxicated" (DWI) depending on jurisdiction. At your first appearance, the judge will address bail and set a court date.

Common Defense Strategies

1. Challenge the Stop

Police need reasonable suspicion to stop your car. If the stop was unjustified, evidence obtained after the stop can be excluded from trial. This is a strong defense.

2. Question Sobriety Testing

Sobriety tests (walking in a line, standing on one leg) are subjective. They can be inaccurate due to nervousness, fatigue, medical conditions, or improper administration. We can challenge the reliability of these tests.

3. Challenge Breathalyzer Results

Breathalyzers measure blood alcohol levels, but they're not perfectly accurate. They require proper calibration and administration. Improper maintenance, operator error, or medical conditions can cause false readings.

4. Challenge Blood Tests

Blood tests are more reliable than breath tests, but they can still be challenged. Chain of custody issues, contamination, improper storage, or lab error can affect results.

5. Medical Conditions or Medications

Some medical conditions (GERD, diabetes) or medications can affect breath or blood test results. If applicable, this can be a defense.

6. Police Misconduct

If police violated your rights (improper interrogation, failure to read rights, coerced statements), this can result in charges being dropped.

Consequences of DUI

DUI convictions carry serious consequences:

• • License suspension (usually 6-12 months minimum)
• • Jail time (even first-time offenders can face jail)
• • Fines (can exceed RM10,000)
• • Mandatory DUI education programs
• • Increased insurance rates
• • Criminal record

These consequences affect employment, housing, travel, and more. It's worth fighting a DUI charge.

Possible Outcomes

Depending on your case:

• • Charges dismissed: If we find violations or procedural issues
• • Plea bargain: Negotiate to reduce charges or sentences
• • Trial: Defend the charges before a judge or jury
• • Conviction but reduced sentence: Even if convicted, we can argue for reduced consequences