Use These Points To Argue The Lack Of Danger In Your DUI Arrest

Posted on: 23 October 2018

In order to get released on your own recognizance following an arrest for driving under the influence of alcohol, you and your attorney need to prove to a judge that you're not a danger to society. Doing so can be a bit of an uphill battle — after all, you've been charged with a crime that is indeed dangerous to motorists, pedestrians, and even property. In order to earn this early victory in the legal process, you and your attorney should confer on the specific details of your arrest. While not admitting culpability, here are some points that you may wish to use to support your argument that you won't be a danger to others.

You Were Traveling Below The Speed Limit

The police report for your DUI stop will always indicate the speed at which you were traveling when the officer pulled you over. If you were traveling at a low rate of speed, you should definitely use this fact to support your claim that you aren't a danger to society. For example, while some motorists weave through traffic on highways before they're pulled over, your case might have been drastically different if you were actually driving slower than the speed limit before you were stopped.

You Were In An Isolated Area

A driver who gets behind the wheel after drinking is always a danger to himself or herself, but the danger to others quickly increases if this person travels to a populated area. Consider where you were stopped for your alleged violation and use it to support your argument that you aren't a danger to society. For example, maybe you were stopped while driving in an empty commercial parking lot at night; this is less serious than driving through a school zone while children are walking home from school.

You Immediately Complied With The Officer

Some motorists who are accused of driving under the influence of alcohol are highly difficult. They might lead one or more officers on a chase and become combative when they finally pull over. Such a motorist is easy to view as a danger to society, given the risks of the above behavior. If applicable to your arrest, you can argue that you immediately complied with the officer when he or she pulled up behind you and signaled for you to move over. This can suggest that you aren't a danger to society. While a DUI charge is serious, getting released on your own recognizance is a key first step in the legal process.

For more information and help with your particular case, contact your local DUI attorney services today.