DUI Defense Strategies to Beat a DUI Charge

Any DUI defense will entail a concerted effort by a lawyer, as well as by any required third party investigators or expert witnesses, to refute or question the validity of the evidence used as grounds for arresting and charging a driver with DUI. In practice, this process is a comprehensive strategy, often exploring multiple elements of a DUI case, although success in one specific area may mean dismissal of the entire case. The following article details the general strategies used during a DUI defense by lawyers, which ultimately seek to dismiss impending charges or in some manner, force a favorable plea bargain agreement.

Common Defense Strategies in DUI Cases

The following list outlines some of the most notable, albeit general, methods employed by a lawyer to dispute evidence and the validity of a DUI arrest. It is important for defendants to note that each case presents highly individualized and case-specific elements, which only a lawyer can most effectively determine as viable grounds for a dui defense.

• Probe and question the validity and legality of the traffic stop itself. Without sufficient reason to pull a driver over, law enforcement’s findings following the stop may be excluded from evidence usable against a defendant. However, in practice, any law enforcement officer can find or justify a reason for a traffic stop, but as the following defenses explain, what happens after the stop is much less subjective to the discretion of the arresting officer.

• Dispute the fact that a driver was actually in control of a motor vehicle, or in effective, “driving” the vehicle while under the influence. This defense will rely on demonstrating insufficient evidence exists to prove a driver had actual physical control of a motor vehicle while the vehicle was running.

• Demonstrating informed consent, whether reading of Miranda rights or rights concerning refusal to submit to blood alcohol testing, did not exist. A number of relatively complex issues may arise that may show an arrested driver was not informed of his legal rights. Failure to do so may make any ensuing action, evidence gathered, or arrest unlawful. Issues may include denied right to counsel, denied right to refuse questioning, denied right to an independent testing, and other issues.

• Probe whether probable cause existed pursuant to arresting the driver. In essence, the arresting law enforcement officer must have probable cause, a highly defined but case-specific legal standard, to arrest a suspect under the suspicion of DUI. Without sufficient probable cause, the arrest is unlawful and invalid.

• The most notable element of any DUI defense involves disputing the most critical element of the arrest and sought after conviction: the BAC reading. For starters, lawyers can contest the legality and accuracy of the FST (Field Sobriety Tests), which may include breathalyzers administered at the scene. Furthermore, a lawyer can dispute the accuracy of the results from the formal BAC test, often a blood draw taken following the arrest. Without these critical pieces of evidence, a DUI case hinges on law enforcement testimony and subjective reasoning about whether a driver was intoxicated, which is a weak, if not entirely unviable prosecution at best.

Getting Legal Help with DUI Defense Strategies

In reality, each individual DUI case presents important case-specific factors and elements, which may provide grounds for disputing a DUI charge. These elements may not even be necessarily mentioned above, and in turn, the only reliable and definitive method of mounting an effective DUI defense is through experience legal counsel. Having legal counsel not only can assist drivers with preparing a DUI defense, but also, presenting their defense elements in court.