DUI offenses are criminal charges that can result in severe consequences, including fines, loss of driving privileges, and even imprisonment. Thus, anyone facing DUI charges should seek a professional criminal defense attorney’s assistance to protect their rights and develop the best possible defense strategies.
Here are some of the criminal defense strategies that a DUI offender and their attorney can use:
1. Challenging the Stop
Before making any arrest or search, law enforcement officers must have a reasonable suspicion or probable cause. Therefore, if the police lacked reasonable suspicion to stop the driver, any evidence or charges gathered subsequently may be inadmissible. A defense attorney can investigate whether the officer’s reason for stopping the driver was justifiable, and challenge the legality of the stop.
2. Invalidating the Field Sobriety Tests
Police officers rely heavily on field sobriety tests to decide whether a driver may be under the influence of drugs or alcohol. However, these tests can be challenging to perform for anyone, particularly those with physical or psychological disabilities. Furthermore, environmental factors, such as poor visibility or uneven ground, can significantly affect the test results. A DUI defense attorney can review the evidence to determine the testing’s accuracy and truthfulness, which may invalidate or challenge the field sobriety tests’ results.
3. Blood Alcohol Content (BAC) Testing
A BAC test’s accuracy depends on the methodology used, the equipment used to perform the test, and the operator’s expertise. Therefore, defense attorneys can explore whether the test results are accurate or whether there were errors in the testing process. A good DUI defense attorney can also challenge the admissibility of the test results or plead for a reduced sentence.
4. Unlawful Arrest
If law enforcement officers violated the driver’s rights during the arrest or in the search procedure, the evidence gathered may not be admissible in court. For instance, if the police found incriminating evidence without a warrant, they could not use the evidence in the trial. A skilled DUI defense attorney can investigate whether the driver’s rights were respected during the arrest or search and use any unlawful conduct to dismiss the case entirely.
5. Negotiation
If there is a significant amount of evidence against the defendant, the defense attorney can opt for plea bargaining. The defendant may plead guilty to lesser charges, allowing them to avoid harsher sentences.
Conclusion
A DUI charge is a serious criminal offense that carries heavy penalties. Therefore, anyone facing such charges must seek the services of an experienced criminal defense attorney to help develop a defense strategy that protects their rights and lessens the severity of the punishment. From negotiation to challenging testing to invalidating field sobriety tests or even challenging the arrest, there are many ways to fight DUI charges. However, it takes an experienced attorney to understand when and how best to use these approaches.
