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Gene Barton
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How can I defend against DUI charges?

How can I defend against DUI charges?

| Mar 19, 2021 | DUI

A conviction on drunk driving charges can bring a lot of negative changes to your life. Sure, your license will probably be suspended and you’ll be fined, but you might also wind up facing some serious jail time and damage to your reputation. You should try to avoid those outcomes as much as possible, of course, which is why you need to know how to aggressively defend yourself. With that in mind, let’s take a look at some of the ways that you may be able to challenge the prosecutions drunk driving case.

Ways to defend against drunk driving charges

Depending on the facts of your case, you may have one or more criminal defense options at your fingertips. You simply have to know how to exploit them to your advantage. Here are just a few of the defense strategies that you might have available to you:

  • Challenge Breathalyzer test results: Prosecutors often rely on breath test results to obtain a plea deal or an outright conviction at trial. Given their prevalence, you might think that these tests are impeccable. They’re far from it. In fact, they often provide erroneous results, and for a number of reasons. The machines that are used to conduct these tests may be improperly stored or calibrated, the officer who conducted the test may lack training, or the test may be improperly administered such as when you’re still burping. Know how to spot these issues and use them to your advantage.
  • Suppress other evidence: Evidence suppression can be key to a lot of criminal defenses. In the drunk driving context, you might be able to challenge the legality of the traffic stop that led to your arrest. This is because an illegal traffic stops taints any subsequently gathered evidence, rendering it inadmissible at trial. Even the results of blood tests may be kept out of court if you can show that there are chain of custody issues that raise doubt as to the sample’s integrity.
  • Attack field sobriety tests: Field sobriety tests are commonly used by law enforcement, and they can help support a DUI charge. But these tests can be woefully inaccurate. An officer may give poor instructions or misread the results, all of which can lead to negative outcomes for you.
  • Use your own expert: The prosecution may have an expert at its disposal who can testify as to your blood alcohol content. You might be able to use your own experts, though, which may help raise doubt as to your guilt. For example, you might be able to use an expert to show that you’re blood alcohol concentration was under the legal limit at the time you were pulled over and crossed the legal threshold only after stopped and tested. These kinds of situations can arise when you’ve been recently drinking.

These are just some of the criminal defense considerations that you might want to take into account when building your case. You should leave no stone unturned, especially given the high stakes that might be involved in your case.

A customized defense to suit your needs

While a lot of drunk driving cases might look the same, each one is unique and can present its own challenges. Therefore, you really shouldn’t take a cookie cutter approach to your case. Instead, you’ll want to look for the customized representation that your case needs and deserves. Hopefully then you can have the skill and legal know-how that is oftentimes necessary when dealing with these types of cases.

 

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