DUI Defense Strategies
Though it may be hard to believe, you can avoid conviction for driving under the influence even if you have failed a chemical test and field sobriety tests. It all depends on the experience and knowledge of your defense attorney. DUI is a complex and ever-changing area of law and it requires an attorney who specializes and dedicates his or her practice to this defense. To stay current with the latest defenses, many attorneys attend the National College of DUI Defense. They may also learn the in’s and out’s of the breathalyzer test and field sobriety tests.
If you have been arrested for DUI, it is best to contact an attorney and review the possible defenses together. Your attorney will review every bit of your DUI investigation to search for any flaws in the prosecution’s case against you.
For instance, police are required by law to read you your Miranda rights at a certain time. If they fail to do this and you make a self-incriminating statement, this information can be kept out of court. In addition, police are also required by law to have probable cause in order to stop you, detain you and arrest you for DUI. If at any point it’s found that they did not have probable cause, your case may be dismissed.
If you failed a breath test, your attorney will bring into question whether or not the machine was calibrated and properly maintained. It is very important that the machine was working properly. Otherwise, how can anyone be sure that your test results were accurate?
If you failed a field sobriety test, your attorney will review if they were administered properly. For instance, if you were given a divided attention test, did the officer ensure that you were physically capable of performing the test? Did he or she make certain that the test was administered in a safe location that was well-lit, dry and on an even surface?
These are just a few examples of the types of questions your attorney may raise in court. Depending on the circumstances surrounding your case, your DUI charge may be reduced to a less serious offense or dismissed.Get a Free Case Evaluation Right Now!