DUI Lawyer
A DUI charge can have severe legal and personal repercussions, including hefty fines, license suspension, increased insurance premiums, and even potential jail time. While completely beating a DUI charge can be challenging, it is possible to employ effective strategies that may help reduce the charges, fines, prison sentences, and other penalties associated with a DUI conviction. Let’s explore five defenses you can use to help mitigate a DUI case.
1. Challenging the Accuracy of Breathalyzer or Blood Test Results
Breathalyzer or blood tests are commonly used to determine a driver’s blood alcohol concentration (BAC). However, these tests still can be prone to failure. Hiring an experienced DUI attorney can help analyze the circumstances surrounding the test administration and challenge its accuracy. Factors such as improper calibration of the testing equipment, failure to follow proper testing protocols, or medical conditions that could affect the results can all be used to cast doubt on the validity of the BAC evidence.
2. Questioning the Legality of the Traffic Stop
When conducting a traffic stop, police officers must have probable cause or reasonable suscipcion. If the stop was conducted without proper legal justification, any evidence obtained thereafter, including field sobriety tests or BAC results, may be deemed inadmissible. An attorney can review the details of your case to determine if the traffic stop was conducted in compliance with the law and file a motion to suppress evidence if there were constitutional violations.
3. Asserting Violations of Miranda Rights
As established by an individual’s Miranda Rights, a person has the right to remain silent. If law enforcement fails to provide the Miranda warning or improperly interrogates you without a clear waiver of your rights, any statements made during the process could be deemed inadmissible. Your attorney can investigate whether your rights were violated during the arrest and subsequent questioning.
4. Presenting Alternative Explanations for Erratic Driving
An arresting officer’s observations of erratic driving are often used as evidence to support a DUI charge. However, there may be alternative explanations for such behavior. For instance, medical conditions, fatigue, or distractions could have contributed to the observed driving patterns. Following such an incident, it’s vital to gather evidence, including eyewitness testimonies.
5. Pursuing Plea Bargains or Diversion Programs
In cases where the evidence against you is strong, seeking a plea bargain or diversion program may be a strategic move. These options can potentially reduce the severity of charges, resulting in lesser penalties. An attorney can help you explore plea bargains or diversion programs that can make your case more manageable. Diversion programs, such as substance abuse treatment or probation, may allow you to avoid a conviction altogether by completing specific requirements.
While completely beating a DUI charge is difficult, employing effective defenses can significantly reduce the consequences you face. Challenging the accuracy of breathalyzer or blood test results, questioning the legality of the traffic stop, asserting violations of Miranda rights, presenting alternative explanations for erratic driving, and pursuing plea bargains or diversion programs are strategies that can mitigate the charges, fines, prison sentences, and other penalties associated with a DUI conviction. Consultation with a skilled DUI attorney is crucial to navigate the legal process and develop a robust defense tailored to your case. While each case is different, having a DUI lawyer on your side is highly recommended by our friend Attorney Eric T. Kirk!