Common DUI Defenses and Strategies
DUIs are complicated and each one is unique in their own way. Getting charged with a DUI is nothing short of unnerving and extremely stressful. It marks up your record, your reputation, can threaten your job status, and will impact your future negatively. That said, not all DUI charges and penalties are fixed. In fact, many can be avoided or smoothly navigated through with the right legal defense strategy in place.
Everyone hopes to get their DUI dismissed but if that is not an option, consider the legitimate possibility of your charges and penalties getting decreased. Getting your charges and penalties decreased will have an overall reduction on the impact the DUI will have on your life. Using a solid defense strategy with a reputable DUI attorney can reduce the effects of your DUI case’s outcome immensely.
Read this article and understand some common DUI defense strategies, and then use the MyDUISolution Marketplace to compare and secure your desired attorney and needed financing.
Common DUI Defense Strategies:
Officer failed to follow sobriety test protocols
Field sobriety tests (FSTs) are to be administered reasonably and fairly. If the officer required you to take any field tests, such as walking the line, touching the nose or follow the pen in unreasonable conditions like bad weather or under intimidation, then the test results might be thrown out of evidence. Be mindful that FSTs are not really proof of intoxication, but indicators of evidence and not required to be taken. Once the officer requests a chemical test such as breath, blood or urine, those tests are required and the refusal of those tests will cause a loss of driver’s license (typically for one year) regardless of your DUI case. When the officer is doing these tests, they have strict protocols to follow and if they veer from them, the results might be thrown out of evidence.
You were unlawfully stopped by the police
The police are required to have reasonable suspicion that criminal activity is taking place to pull over a driver. This means you need to be speeding, ignoring traffic laws, swerving or even experiencing an automotive malfunction, such as a busted taillight to lawfully be pulled over and charged with a DUI. If there is no proof of reasonable grounds to have been pulled over, all future evidence of the case might be thrown out.
The officer’s communications were inappropriate or unlawful
From the initial stop to the arrest and all questioning in between, officers are to conduct themselves in a respectful and calm non-intimidating manner. If the officer is intimidating it can play a part in the outcome and defense strategy of your case. Communications between an officer and you are to be conducted under the surveillance of your lawyer or with your consent to talk without an attorney present. If plea bargains are discussed with the officer that produce testimonies of evidence during a conversation without your lawyer present or consent, the conversation and evidence can be thrown out.
The officer unlawfully interrogated you
Before beginning interrogation, the arresting officer must officially inform you of being taken under arrest and read you your Miranda rights. These rights include the right to remain silent and right to an attorney. If your Miranda rights are not officially issued, then typically no evidence garnered from the conversation after arrest is admissible as evidence in the case.
You were experiencing certain medical conditions
Certain medical conditions can be mistaken for drunken behavior, such as diabetes-prone alcohol odors, neurological disorders, speech slurs, or cold and sinus watery eyes. If you have been accused of a DUI due to evidence of these types of illness-related symptoms, medical history might allow for a different way to have the case fought and or dismissed.
Improper testing or storing of blood alcohol samples
The integrity of a blood alcohol content (BAC) sample is fundamental for its use as evidence in a case. If the officer did not properly take or store the sample it can likely be thrown out and not used as evidence against you. Additionally, the sample needs to have been extracted within a reasonable timeframe, usually within 2 hours of the stop. Having an experienced DUI attorney for things like this will help greatly because they know what to look for.
The officer or department violated the rules of evidence and procedure
On the day of trial, any violation of evidence presentation or procedure can be grounds for a mistrial. An experienced DUI lawyer will carefully track each motion made in court.
Now that you know a little more about the potential defense strategies you might use and how they can impact the outcome of your DUI case, use the MyDUISolution Provider Marketplace to search, compare and secure your DUI attorney, financing for all credit situations and all the other resources you will need along the way.