Factors Affecting Your DUI Defense Strategy

DUI or driving under influence is one of the most common offenses committed by individuals. Every US state has particular laws with regard to DUI offenses. Usually two cases are registered against a DUI offender, one at the respective department of motor vehicles and another at a concerned criminal court. The sentence may include a jail term, imposition of fines, suspension of driver’s license, enrollment at a driving school or an alcohol abuse program, and so on. It is therefore necessary to know all about DUI defense strategies in advance so as to avoid such penalties.

DUI defense strategies depend on the circumstances under which the arrest was made. Every aspect of the DUI charges must be proven in a court of law in order to convict an individual. These include the reading of the rights, probable cause, all tests performed (sobriety and chemical), and such other points. It is the task of the prosecution and the concerned officer to prove that every single detail with regard to the DUI offense is as per the state laws. Any flaw in any particular aspect could be the key to success in your DUI defense case.

DUI Defense Strategies

Your DUI defense could be based on any faulty behavior on the part of the arresting officer. There are a number of faults that can occur. Some of them are as follows:

* Absence of probable cause; in such cases a ‘suppression hearing’ occurs and the DUI attorney gets the chance to point out the errors of the DUI investigation procedure.

* Failure of reading the ‘Miranda Rights’; in such cases the recorded statements of the accused are not accepted as evidence in a court of law.

* Misjudgment of level of intoxication; in such cases there is the presence of alcohol on the breath but there is no way to prove that it exceeded the permissible limit.

Apart from these, the tests done after a DUI arrest is conducted may also be challenged at a court hearing. The field sobriety tests are done as per the rules set down by the National Highway Traffic Safety Administration. Any error in following all details of these rules could help the accused to plan his or her DUI defense strategy.

There are a number of circumstances that could also prove to be beneficial for the defendant. For example, any environmental hazard like storm or rain may hamper a field sobriety test. The anxiety and nervousness of the accused may also be brought into question at a hearing.

A DUI defense is largely based on the errors in the arrest and investigation procedure. Any expert attorney could find out these flaws and tackle the case accordingly. The most important evidence brought against an accused is the blood test results. However there are ways that you can challenge these too. These may include the improper administration of the test or the use of alcohol to swab the skin before the test, leading to contamination in the test. Sometimes the time difference between the test and analysis may lead to fermentation and subsequent rise in the alcohol content in the sample.

Planning DUI defense strategies in advance is the key to the dismissal of the case in a court of law.
 

State-Specific DUI Defense Information:

Arizona DUI Defense

California DUI Defense