Proven DUI Defense Strategies You Need to Know

Proven DUI Defense Strategies You Need to Know
Most people don’t think they need to know about DUI defense strategies until they are faced with the possibility of being charged with this type of crime. Unfortunately, the reality is that everyone should keep the various ways to challenge a DUI charge in mind, as DUI charges can carry hefty fines, a potential loss of driving privileges and possible jail time. Knowing several proven DUI defense strategies can make a huge difference in the outcome.

One of the most common DUI defense strategies that have been used successfully is to challenge the accuracy of the Breathalyzer test results. Breathalyzer results can be highly affected by various factors, such as mouthwash containing alcohol, burping during the test, and the type of machine that was used. Skilled criminal defense attorneys are well-versed in the Breathalyzer machine’s different technical aspects, allowing them to challenge the results and question their accuracy.

Another potential line of defense against DUI charges is to provide evidence that the police officer failed to obey protocol during the arrest. Common violations range from officers not properly informing the suspect of their rights to the failure by the officer to properly administrate the field sobriety tests. Effective criminal defense attorneys can comb through the arrest process to see if the officer did in fact fail to follow established policing protocols.

People who choose to challenge a DUI charge also have the option of challenging the evidence presented by the police officer. Depending on the case, the evidence presented may have been acquired illegally or without proper consent. In the event that evidence is found to be illegally acquired, it can be challenged and thrown out in court.

In cases where a blood alcohol level was high, a knowledgeable criminal defense attorney can formulate a defense around medical conditions that could have elevated the presumptive limit for the blood alcohol level. Common medical conditions able to be used in such defenses include GERD, diabetes, and stress. The defense attorney will have to present multiple medical experts and records to explain why the presence of these conditions negates the case presented by the prosecution.

The best approach for someone charged with DUI is to acquire a qualified, experienced criminal defense attorney to craft the right defense strategy. An attorney will examine the details of the case and determine the best angle to take in court. Knowing various proven DUI defense strategies can make a huge difference in the outcome of the case, as timely and strategic action can prevent a DUI conviction and potentially secure an acquittal.

In addition to challenging Breathalyzer test results, police protocols, and evidence, there are several more tactics that can be used when defending a DUI charge. In cases involving a high blood alcohol level, the use of witness testimony can help to negate the prosecution’s case. Witnesses who can attest to a person’s behavior and drinking history prior to the arrest can provide evidence to suggest that the person was not impaired or unable to drive.

Another defense strategy a knowledgeable lawyer might employ is to argue a violation of the defendant’s Fourth Amendment rights. The Fourth Amendment protects us against unreasonable searches and seizures. If a police officer, for example, doesn’t have reasonable suspicion to pull a person over for suspicion of DUI, then any evidence gathered in connection with that vehicle stop could be considered inadmissible in court.

Finally, when defending a DUI charge in court, an experienced attorney can make use of ‘consciousness of innocence’, which is simply providing evidence that shows that the person charged had no intention to consume or be impaired by alcohol during the time that the alleged DUI occurred. For instance, providing evidence of a hospital visit or doctor’s appointment at the time of the alleged offense can be used to disprove that the party was actually under the influence of alcohol and/or drugs.

Another approach involves challenging the evidence presented by the police officer, such as lack of video evidence. For example, if a police officer claims that a person was swerving and failed a field sobriety test, but there is no video to back up those claims, then the defense attorney can provide evidence that suggests the police officer is unreliable. Furthermore, introducing evidence of inconsistencies in the police officer’s statements or lack of probable cause to pull a person over can be critical in a successful defense against such charges.

Additionally, an experienced attorney may be able to present evidence that shows the arresting officer failed to administer the Breathalyzer test correctly. Because Breathalyzers are devices with their own technical standards, incorrectly administered tests can be unreliable. That is why it is important to have an experienced attorney on your side to challenge these tests accurately in court.

Challenging the reliability and accuracy of the Breathalyzer machine itself is yet another effective DUI defense strategy. Breathalyzer machines are maintained and operated by operators who must be certified in accordance with their respective state’s regulations. An experienced attorney can use this to challenge the reliability of the machine itself and draw attention to any errors that may have occurred during the testing process or even the maintenance of the machine.

Lastly, a knowledgeable attorney can also make use of ‘compelling alternative explanations’, which involves presenting evidence to indicate that the accused person’s driving might have been unusual for other reasons. This line of defense could involve providing evidence that a person’s driving had been erratic due to extreme weather conditions or other factors like poor road conditions. This type of evidence can often be extremely persuasive.

There is no one-size-fits-all approach when it comes to defending a DUI charge, but the right DUI defense strategies can make all the difference. If you have been charged with a DUI, it is important to get in touch with a highly experienced and qualified criminal defense attorney who can review your case and craft an effective strategy that best serves your interests. Don’t simply accept the prosecution’s evidence; arm yourself with ample knowledge of proven DUI defense strategies and mount an effective defense.