It is illegal to drive if a motorist knows that they are under the influence of drugs or have consumed too much alcohol. People who acknowledge their impaired abilities should not get behind the wheel of a motor vehicle. The state can also pursue driving under the influence (DUI) charges against people who have elevated blood alcohol concentrations (BACs).
Motorists accused of DUI offenses often assume that a conviction is all but inevitable. While they may question the accuracy of chemical test results, they assume that they cannot fight their pending charges. Despite their beliefs, they may still have options. Police officers and prosecutors can easily make mistakes while developing a DUI case. There are numerous ways for DUI defendants to beat the charges they’re facing. The three defense strategies below are among the most common.
Showing that a traffic stop was illegal
Police officers need a justification to stop someone in traffic. If they do not have a reasonable explanation for initiating the traffic stop, then they may have violated the rights of the driver. Defense attorneys can sometimes ask the courts to exclude evidence found during illegal searches and inappropriate traffic stops. The prosecutor may have to dismiss the charges if they cannot use the evidence collected during the traffic stop.
Raising questions about the evidence
Perhaps the police department does not have accurate maintenance and calibration records for the breath test device used. Maybe the police officer didn’t follow best practices while administering field sobriety tests. Even issues such as missing chain of custody records for evidence can raise questions about its usefulness during criminal proceedings. If a defense attorney can convince the courts that there might be issues with the testing device or the evidence because of technical or procedural issues, then there may not be enough evidence to convict the defendant.
Providing an alternate explanation
Medical conditions, medications and diets can all influence field sobriety tests and chemical breath tests. Sometimes, what looks like chemical intoxication has a completely innocent explanation. Defense attorneys can sometimes exonerate their clients by presenting medical evidence and other proof that there is a reasonable explanation for why they failed roadside testing.
Discussing the situation leading up to a DUI arrest with a skilled legal team can help a driver plan a defense strategy. Motorists accused of impaired driving may be able to avoid a conviction depending on the circumstances surrounding their charges.
