A skilled lawyer can use several DUI defense strategies to protect your rights. For example, your attorney can challenge the BAC results by showing that you merely consumed a normal drink and that the beverage may have had a different alcohol content than what was recorded on the breath test machine.
Challenging the Stop and Arrest
When being charged with DUI, much depends on the observations and impressions made by police officers. These could include how the driver drove (uneven speeds, crossing the centerline, running red lights or hesitation through green lights, or delay going through green lights) as well as their behavior after being stopped (bloodshot eyes, slurred speech or failing field sobriety tests such as walk-and-turn test or horizontal gaze nystagmus test).
Defense against DUI charges can be complex. You may need to hire a DUI lawyer that will review every detail surrounding your arrest and use multiple DUI defense strategies to build a solid case on your behalf. These methods include contesting the legality of your stop and arrest, disputing field sobriety tests, and using toxicology or forensic science experts to contest results of Breathalyzer or blood testing – with hopes that ultimately this may result in your case being dismissed or reduced to a less serious offense.
Challenging the Evidence
Facing DUI charges is a scary experience, with the potential for license suspension, hefty fines, and even jail time. An experienced and knowledgeable DUI lawyer can help mitigate these consequences by challenging the evidence presented during a traffic stop and arrest process. Defending a DUI case is a complex task that requires a thorough understanding of the law and a meticulous analysis of evidence such as blood and breath test results, dash cam videos, and tow truck logs.
The existence of variables such as varying alcohol absorption and elimination rates and errors in equipment requires a nuanced defense strategy to counter the prosecution’s assumptions and inferences effectively. For example, when an officer alleges a person displayed slurred speech, audio recordings can showcase their actual speech patterns, negating the assertion that they were under the influence. Subpoenaing and reviewing this evidence early on can significantly strengthen a defense.
Challenging the BAC Results
For a successful DUI defense strategy, examining the results of chemical and physical testing is crucial. Many factors can impact the accuracy of a breathalyzer test, including maintenance records, calibration history, and operator error. A skilled attorney will delve into these details, seeking any potential flaws in the evidence that could be used to your advantage. For example, if you recently started taking prescription medication that is known to affect coordination or cause drowsiness, this can have an impact on your BAC levels.
Your attorney can present expert witnesses to explain how these medications can lead to falsely elevated BAC readings and bolster your case. Another common DUI defense involves arguing that you were below the legal limit at the time of driving, even though your BAC readings were high later on. This may require presenting evidence of good driving behavior or coherent speech to demonstrate that you were not impaired at the time of the stop.
Negotiating a Plea Bargain
When prosecutors are confident in the strength of their case, they have more bargaining power and may pressure your lawyer to take a plea deal. This is why it’s critical to have a DUI lawyer who can analyze your case and develop a comprehensive strategy. An effective system can include demonstrating that the officer didn’t have reasonable suspicion or probable cause to pull you over in the first place. A skilled attorney can also examine the legality of the initial arrest and traffic stop for any violations of your rights or procedural errors.
Other common defense strategies include challenging the accuracy of BAC testing results (Breathalyzer) and arguing that certain medical conditions can mimic symptoms of impairment. Additionally, your attorney can investigate the training and qualifications of police officers to find any issues that may undermine the reliability of field sobriety test results. It’s important to subpoena any relevant evidence early in the process, such as dashcam footage and body camera recordings.