DUI Legal Representation: Defense Strategies
Posted on: 25 July 2023
Driving under the influence (DUI) charges are serious and can carry heavy penalties, including hefty fines, license suspension, or even jail time. Having expert legal representation is crucial in such circumstances. An experienced DUI attorney can help navigate the complex legal process, argue on your behalf, and employ various defense strategies to potentially reduce charges or secure a dismissal.
Here are some common defense strategies used in DUI cases.
Challenging the Traffic Stop
The U.S. Constitution guarantees the right to freedom from unreasonable searches and seizures.
- Initial Stop: In the context of a DUI, this means that law enforcement needs a valid reason, known as "reasonable suspicion," to initiate a traffic stop. If an attorney can prove that the initial traffic stop was made without reasonable suspicion, then all evidence collected after the stop, including breathalyzer or field sobriety test results, may be deemed inadmissible in court.
Questioning Field Sobriety Test Accuracy
Field sobriety tests (FSTs), such as standing on one leg or the walk-and-turn test, are often used by police officers to determine impairment. However, they are subjective and depend largely on the officer's interpretation.
- FST: Various factors like nervousness, certain medical conditions, or even uneven road surfaces can affect the test results. A competent DUI attorney can challenge the accuracy of these tests and argue that they do not conclusively prove impairment.
Disputing Breathalyzer Test Results
Breathalyzer test results form the crux of most DUI cases. However, these machines need regular calibration and maintenance to provide accurate readings.
- Breathalyzer: The operator must also follow specific procedures for the results to be valid. Errors in calibration or procedure can give false readings. An attorney can question the breathalyzer's accuracy, the maintenance records, or the administering officer's training to discredit the results.
Arguing Rising Blood Alcohol Concentration
Alcohol takes time to be absorbed into your bloodstream and reach peak levels.
- BAC: This means your blood alcohol concentration (BAC) can continue to rise even after you've stopped drinking. If there's a considerable amount of time between your last drink and the breathalyzer test, your attorney may argue that your BAC was within the legal limit while driving but had risen by the time of testing.
Every DUI case is unique, with different circumstances and evidence. The defense strategy that works best will depend on the specific details of the case. A skilled DUI attorney can review the case details, identify any potential weaknesses in the prosecution's evidence, and tailor a defense strategy to provide the best possible outcome.
Contact a local DUI lawyer to learn more.
Share