Do you or someone you know face a DUI charge? If so, you are probably wondering what defense strategies might help prove your innocence or save you from a criminal sentence. The truth is, even with a solid defense strategy, a DUI conviction can have long-term consequences if your case isn’t handled properly. But even more daunting than the potential outcomes is not knowing what you should do and what defense strategies may be available to you.
Luckily, there are many possible DUI defense strategies that may help you and be applicable to your case. Part of your attorney’s job is to research and review your options and then select the best strategy for your particular situation. In this blog post, we will take a look at the most common DUI defense strategies that you and your attorney should consider.
Quick Overview
Common defense strategies for DUIs include challenging evidence of intoxication, arguing that an alleged violation of the law was justified, and questioning the legality of field sobriety tests. However, not all defenses are successful, so it is important to work with an experienced Fort Worth DWI lawyer who can explain the best defense strategy for your specific case.
Challenging DUI Evidence
When it comes to fighting a DUI charge, an experienced defense attorney knows that challenging the evidence is one of many viable strategies. Challenging DUI evidence is critical in order to build a persuasive case and can help defend against circulating misconceptions. The more evidence an attorney can question, the more effective their case will be for their client.
Successfully disputing the DUI evidence begins with the defense attorney critically examining all aspects of the gathering and analysis of the evidence. Was the arresting officer properly trained on field sobriety tests or did they apply them incorrectly? Is there any reason to doubt that the Breathalyzer device was accurately calibrated or operated as intended? Does footage from police body cameras corroborate testimony given by law enforcement agents? These are just some of the questions that may be posed when challenging DUI evidence.
Contesting Breathalyzer Results
Contesting breathalyzer results is a commonly used DUI defense strategy. Breathalyzers measure the concentration of alcohol in a person’s blood through their breath, and are highly accurate tools when utilized correctly. However, they may also be prone to error. Seeing as breath tests provide a reliable source of evidence for law enforcement officers, defendants may challenge them in court.
The accused can contest the accuracy of results or call into question the machine’s maintenance and calibration records. In some cases, improper testing or training procedures could result in inaccurate readings. Similarly, factors like radio frequency interference from nearby electronics, certain types of health conditions such as diabetes and GERD, or faulty fuel cell technology within the breathalyzer machine itself can make Breathalyzer test results unreliable.
Most Important Points to Remember
It is a common DUI defense strategy to contest breathalyzer results as they may not be 100% accurate. Factors, such as improper testing or training procedures, radio frequency interference, health conditions and faulty breathalyzer technology can make test results unreliable. While contested breath test evidence can weaken an officer’s observations of impairment, it is not always enough to convince a judge or jury that the accused is innocent. The next section will explain how blood alcohol levels are measured and what implications this has on DUI defense strategies related to proving or disproving high alcohol levels in driver’s systems.
Examining Blood Alcohol Levels
Examining Blood Alcohol Levels is a popular defense strategy for DUI cases. Advocates argue that blood alcohol tests do not accurately reflect how impaired someone may be due to the way alcohol is metabolized in the body. As such, their blood alcohol levels at the time of drivers test may not be a reliable indicator of how impaired they were at the time of driving. Furthermore, certain medical conditions can also cause false readings on breathalyzer tests and so any underlying conditions should be considered when looking at the results from a DUI.
Searching for Faulty Evidence
When it comes to defending against a DUI charge, searching for faulty evidence is another common strategy. The goal here is to identify if any of the evidence presented against you was faulty or inapplicable to your current legal situation. Such evidence might include blood alcohol testing results, witness testimony, or police reports.
Faulty evidence can be caused by mistakes made along the way, such as the misuse or mishandling of breathalyzers. These tests can be inaccurate and are often subject to human error. Furthermore, faulty evidence might also include witness testimony that is unreliable or assumes something they likely should not be assuming based on their total lack of firsthand knowledge of the incident in question.
The prosecution must show beyond a reasonable doubt that all evidence presented is accuratte and non-faulty. If defense attorneys can identify flaws in how and where the evidence was collected, this strategy could weaken the case and lead to a more favorable outcome for their client.
Filing a Motion to Dismiss
Filing a Motion to Dismiss is commonly used as a DUI defense strategy. In essence, it means that the defendant files a motion for the court to dismiss the case before it goes to trial. The grounds for such a motion depend on state law and can vary from jurisdiction to jurisdiction. Generally, though, filing such a motion might stem from an infringement of constitutional rights, police misconduct or procedural errors during an arrest.
An argument for filing a motion to dismiss would be the possibility of avoiding a criminal conviction. If necessary evidence is excluded due to police misconduct or if any constitutional rights were violated in determining the results of blood alcohol levels or sobriety tests, filing this motion might be appropriate. If successful, the defendant may not have to face trial or even endure harsh penalties.
The opposing view of this common DUI defense strategy is that there are no guarantees when filing such a motion and courts often accept substantial amounts of evidence illegally obtained. Additionally, without reliable legal counsel or significant knowledge of how motions are filed or argued in court, it could be difficult to determine whether or not this strategy would ultimately succeed.
Conclusion
In conclusion, the options for defending DUI cases are myriad and varied; it’s important for anyone charged with a DUI to consult with a qualified attorney who is trained in defense strategies to best navigate any particular case. While some of the defenses may seem obvious, such as challenging a breath test, others require experienced insight into the court system, including questions of procedure or legal precedent. No matter what an individual’s circumstances are, an experienced traffic attorney will be able to help them explore all their options when facing these charges and ensure that their rights are protected throughout the entire process.