What Are the Most Successful DUI Defenses?Feb 15, 2022
DUI Defense Lawyers: What Are the Most Successful DUI Defenses?
Have you been given a DUI? Your DUI defense lawyers can help you with the most successful DUI defenses. Learn more here.
Being arrested and charged with drinking while driving is disorienting and the process after the arrest can be confusing. But DUI defense lawyers are there to work for you, help you understand the process, and put you in the best position to move forward.
What is the best defense for DUI? What evidence do prosecutors rely on, and how do defense attorneys refute them? What are your rights on the scene and after you are charged?
Answer these questions and you can figure out if the most common DUI defenses are for you. Here is your quick guide.
Lack of Reasonable Suspicion
A police officer must suspect a driver is intoxicated before pulling them over. They can look for several signs. A driver may be speeding, or they may fail to use their blinkers.
In the process of pulling someone over, an officer may notice someone is drunk. They may be slurring their words, or they may smell like alcohol. They can arrest someone based on observations alone.
But a DUI defense attorney can challenge that assumption. They can use dashcam footage from the officer's car to show that the driver was driving normally. They can refer to the physical evidence that shows that the car was broken.
Some officers pull people over just because they are driving late at night. A lawyer can note how that does not qualify as reasonable suspicion.
Lack of Evidence for Intoxication
A breathalyzer test can be the best evidence that a prosecutor has. A driver with a high blood alcohol level will get arrested and convicted of a DUI.
Drivers do not have to consent to a breathalyzer. The officer can suspend a driver's license and put them under arrest. But refusing to take a test eliminates much of the prosecutor's case.
Officers also use field sobriety tests to evaluate intoxication levels. Drivers do not have to consent to these tests, and they do not face any penalties for refusing.
A DUI defense lawyer can explain signs of intoxication away. Someone may slur their words because they were nervous, not drunk. People often have physical conditions which impair their ability to do field sobriety tests, or they may just be uncoordinated.
Some people get arrested for a DUI just because they smell like alcohol. But odor alone does not prove impairment.
No Evidence of Driving or Actual Physical Control
Some people are arrested in their car with a beer in their hands. But the car is not on. A prosecutor must show that the driver was operating their vehicle or in actual physical control to convict them of DUI.
There is a big difference between someone who is asleep behind the wheel at a traffic light with their foot on the brake and someone who is "sleeping it off" in a parking lot.
Breathalyzers are not perfect. They measure particles in a person's lungs to determine how much alcohol is in their blood.
This is an indirect measurement that can get skewed. There are several steps police must comply with to insure a valid test. Your defense attorney can check to see if each and every requirement was completed the right way before your test can be used against you.
Field sobriety tests are benchmarks to test a person's hand-eye coordination and balance. But a person may have naturally weak coordination or other physical factors which affect testing.
Some officers use tests that are not authorized by the National Highway Transportation Safety Administration. These include reciting the alphabet backward. Any good lawyer can point out their dubious relevance.
A driver has the right to contact a lawyer during any criminal investigation. It is true that police can and will use anything a person says against them at trial.
But the police cannot use information from an unlawful interrogation. They cannot force a driver to answer questions after they invoked their right to remain silent.
If an officer plans on arresting a driver, they must read them their Miranda rights. Failing to do so can result in the nullification of all evidence gathered afterward. It does not matter if the driver confessed to drinking while driving.
Violations of Evidence
Surveillance footage and audio records must receive authentication before being used in a trial. The arresting officer must provide testimony stating what they saw, and they must say that the evidence is from their arrest. If this authentication is not available, the evidence can get thrown out.
The rules of discovery control how evidence is shared between prosecutors and defense attorneys. Both sides must have access to all pieces of evidence, including witness testimonies. Violation of discovery may lead to the entire case getting thrown out.
What DUI Defense Lawyers Can Do
DUI defense lawyers have a lot of ground. An officer must have reasonable suspicion in order to pull a driver over. The driver must show signs of intoxication and refusing tests limits proof of those signs.
Breathalyzers and field sobriety tests are rather unreliable. Biological and environmental factors produce many false positives.
A driver must understand their rights before being interrogated. If any rules of evidence get violated, the whole case can get thrown out.
Lawyers help you understand your rights. These strategies are just the highlights. There may be other issues in your case. DUI Goodbye specializes in personalized DUI defense strategies. Contact us today.
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