Is A DUI Arrest A Politically Motivated Crime?

Andrew Dósa – Criminal Defense Attorney – Alameda County, CA

“I think that a DUI is a political crime. The reason I think it’s a political crime is because the presumption in the law, by the legislature, is that if you have a certain amount of alcohol in you, you are automatically impaired so that you are driving while intoxicated. Then it’s the defendants burden to overcome that rebuttable presumption. And it is a presumption.

But the fact is that some people can drive with .08% in their system and drive as safely as someone who has had just one drink but never drinks. So how you drive while you are under the influence of alcohol…and you are under the influence of alcohol if you drink, but you may not be under the influence so that you cannot control your vehicle. It’s a political crime because you are being charged with a crime when no one has been hurt but the potential is there that you could hurt somebody. Again, that is a presumption. Two, it’s a political crime because the blood alcohol is determined by statute. It’s the political will of the legislature. Initially, it was .10%, now it’s .08%, and Utah, I believe it is, came up with .05%.”

Ray Hrdlicka – Host – Attorneys.Media

“Are you serious?”

Andrew Dósa – Criminal Defense Attorney – Alameda County, CA

“I’m serious. Now you have this bizarre scenario where the alcohol level is reduced, and the driving may not be any worse. In fact, it’s less likely to be a problem if you have .05% than .08%, and you still deal with the legislative presumption. It’s now a crime of the political will of the legislature.”

If you’ve been charged with a crime, one of the things that you should think of is what type of defenses are available to you. There are different types of legal defenses available in criminal law, and the type of criminal defense applicable to you and your case will depend on your situation.

Criminal defense law consists of all the legal protections given to individuals who have been accused of committing a crime. In criminal court, the prosecutor must meet the burden of proof – that is, the responsibility of proving their allegations against the accused.

The police and prosecutors have plenty of resources at their disposal to go after someone and charge them with a crime. To balance the power within the justice system, certain protections are in place for the accused. These, and the skills and experience of a defense attorney will dictate how a defendant will be treated in criminal litigation.

An experienced criminal defense attorney knows how to use constitutional laws for the benefit of their client. For instance, criminal prosecution is based upon the evidence gathered by law enforcers. This evidence can be in the form of physical evidence. This will usually consist of objects found in a crime scene, like a possible weapon, tire marks, shoe print, or even tiny pieces of fabric.

Common Defenses in a Criminal Case

There are many common defenses to criminal charges. You may argue that there are inconsistencies in the prosecution’s case against you, that the evidence gathered violated your constitutional rights, or that you had a justifiable reason for committing the crime. Below are some common primary criminal law defenses.

Alibi

The defendant didn’t commit the crime you were charged for. The defense can provide an alibi proving you weren’t at the scene when the crime occurred, or present evidence and witnesses that can counter the prosecution’s case.

Self-Defense

The defendant admits to using force. However, the defense argues that it’s justified since it was done in self-defense due to the violent and threatening actions of the other party.

Insanity Defense

The defendant may plead insanity to avoid being punished, since a criminal punishment is only justified if the offender has full control over their actions and understand that what they did was wrong.

Under Influence

In certain circumstances, a defendant may commit crimes under the influence of alcohol and drugs. This can be used as a criminal defense as if it affects the defendant’s mental functioning to the point where they cannot be held accountable for their actions.

Entrapment

If law enforcement officers caused the defendant to commit a crime that they wouldn’t have otherwise committed, then it’s considered entrapment and be used as a defense in criminal court.

Innocence

Claiming innocence is one of the most basic defenses to criminal liability. You must remember that the prosecution has to prove the crime filed against you beyond a reasonable doubt. If you’re innocent, you don’t have to prove anything, but you can provide documents, testimonies, or evidence that will support the claim that you’re innocent.

Constitutional Violation

A constitutional violation is a type of criminal defense used if the evidence collected by the prosecution was gathered in a manner that violated your constitutional rights. This can include the illegal search, entry, or seizure of your house, car, clothing, etc. Failing to obtain an entry warrant, getting an improper confession, or failing to read to you your “Miranda Rights” at the time of your arrest are also constitutional violations that could lead to suppression of evidence against you or the total dismissal of the case.

Defense of Others

Similar to self-defense, you can use this type of defense if you have used a justifiable amount of force or violence to protect others who are being threatened or are in danger.

Other types of criminal defenses include defense of property, necessity, involuntary/voluntary intoxication, mistake of law, coercion, abandonment, and the statute of limitations.

If you’re accused a crime in California, it can be difficult to know where to start. That’s why you need an experienced defense attorney on your side when you face your charges. With over 20 years of experience successfully defending clients in California, Andrew Dósa understands the unique challenges of criminal defense in Alameda, CA and other areas in California.