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What are common DUI defense strategies?

| Sep 21, 2020 | DUI Defense |

While drinking and driving is never a good idea, drivers can be wrongly charged with or convicted of a DUI, resulting in devastating personal and financial consequences.

The best way to combat false charges or flawed tests is by consulting an experienced DUI defense attorney who can challenge the evidence that police and prosecutors use against you.

Credible strategies to fight DUI charges

There are several ways to reduce penalties or have charges dismissed from a traffic stop through trial. These include:

  • Improper stops: Police must have a “reasonable suspicion” of criminal activity to stop you and cannot do so on a hunch. As long as you obeyed traffic laws and did not have any malfunctions to your vehicle, it might be possible to claim there was no legitimate reason to stop you.
  • Flawed field tests: Officers must be adequately trained to administer field sobriety tests, and equipment, such as breathalyzers, must be working correctly for prosecutors to use this evidence against you in court.
  • Issues over blood testing: A licensed phlebotomist must perform a blood-alcohol analysis as quickly as possible after an arrest. Disputes surface over unreasonable delays, test performed by untrained technicians or improperly stored samples.
  • Medical conditions: Fatigue, prescribed medications and some medical conditions can sometimes create the illusion that a person has been drinking, and some chemicals even skew the results of a breathalyzer.
  • Miranda violations: Once arrested, officers must inform a person of their rights to remain silent and contact an attorney before being interrogated. When these rights are violated, any evidence gathered is likely to be thrown out.
  • Inappropriate communication: Prosecutors cannot interview suspects unless their lawyer is present. Still, many try to entice suspects with a plea bargain promising lesser punishment for a guilty plea. This breach of protocol is frowned upon by most judges.

Protect your rights

Other DUI defenses may arise even after a trial begins, especially when prosecutors violate civil procedures and evidence rules, such as attempting to introduce hearsay as fact, attacking a suspect’s character and using unauthorized documents.

Working with a knowledgeable attorney can help you identify which of these strategies best fits your defense. Your lawyer will work in your best interests to minimize penalties or have the case against you dropped when police or prosecutors don’t play by the rules.