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Thinking clearly when you are arrested for a DUI

Drunk driving arrests are sometimes very difficult arrests because a person who is truly intoxicated isn't likely going to be thinking clearly. Alcohol affects the way your brain functions, which affects your thought process and your ability to communicate. If you were arrested on drunk driving charges and were actually under the influence of alcohol at the time of the arrest, you might not have been thinking clearly.

In almost all criminal cases, you must be read your Miranda rights when you are being interrogated or arrested. In the case of a drunk driving arrest, you might not have been able to process what it meant when you were told that what you say could be used in the prosecution's case against you. In that case, you will need to start doing damage control as soon as possible after your arrest.

While we can't take away things you said or did during or after the arrest, we can help you to learn about ways you might be able to wage a battle against the case that the prosecution is building. It is important that you take the time to scrutinize certain things that might have occurred during the arrest process.

One of the things to consider is the reason for your arrest. If there wasn't an arrest warrant out for you, the police officer had to have seen you commit a crime, have probable cause to arrest you or have information from a lawful traffic stop that can legally be used for an arrest. These points about your arrest might actually point to a defense strategy based on an illegal arrest occurring.

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