DUI Defense Strategies: Procedural vs Testing Defenses

DUI defense strategies can be used to either get a better plea bargain or to win a case in court. Many people are scared to fight the charges against them, but what they do not realize is that they generally have nothing to lose by giving their case the best fight they can, and they stand to gain a victory.

Procedural DUI Defenses

An attorney can review the facts of your DUI arrest and case to discover whether any procedural defenses apply. If the police conduct during arrest or inspection are not within the strict guidelines of the law, your attorney may be able to get certain evidence barred from your case. This can have the effect of making your case moot. If the prosecution cannot use certain evidence against you, then they do not have a case.

The best way to find out whether anything the police did during your DUI arrest was in violation of the law is to explain every detail of your arrest with an attorney in confidence. An attorney will be able to pinpoint issues in your case based on experience and knowledge of the law.

For example, you may have been stopped without reasonable suspicion. An officer needs to have a constitutionally sound reason for pulling you over in the first place, otherwise evidence may be suppressed in your case.

Another defense commonly available in DUI cases is lack of evidence to establish driving or control of the car. When the state has no witness to establish that you were driving, they may have difficulty establishing this fact. The prosecution bears the burden of proof.

Testing DUI Defenses

In addition to procedural errors that may benefit you in your DUI defense, many attorneys may explore testing defenses. If a field sobriety test is not properly administered or a device is faulty, or cannot be verified to be accurate, you may be able to establish a testing defense in your DUI case.

Hiring a Lawyer

If you are facing DUI charges, it is time to get the legal help to get you through the rough time ahead. An attorney will make the process of defending your DUI easier, less stressful and give you a better chance of getting a better deal or winning your DUI case in court. You can get help from a lawyer in the DMV hearing in which you may wish to argue for your right to retain your driving privileges.