defense attorneys employ various strategies and defenses to protect their clients who have been charged with driving under the influence. These strategies aim to challenge the prosecution’s evidence, question the legality of the arrest, and cast doubt on the accuracy of the sobriety tests. Some common strategies and defenses used by DUI defense attorneys include
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Challenging the traffic stop
Attorneys may argue that the initial traffic stop was unlawful, as law enforcement must have reasonable suspicion or probable cause to pull someone over. If the stop was made without proper justification, any evidence obtained thereafter may be deemed inadmissible.
Contesting the field sobriety tests
Defense attorneys often question the reliability and accuracy of the standardized field sobriety tests (SFSTs) administered by law enforcement officers. They may argue that factors such as poor weather conditions, physical impairments, or improper instructions could have influenced the test results.
Questioning the breathalyzer or blood test results
Attorneys may challenge the accuracy of breathalyzer or blood test results by examining the maintenance records of the testing equipment, the qualifications of the individuals administering the tests, or the handling and storage of blood samples. They may also argue that certain medical conditions or substances other than alcohol could have affected the test results.
Arguing rising blood alcohol content (BAC)
DUI defense attorneys may employ the “rising BAC” defense, which asserts that the defendant’s blood alcohol level was below the legal limit at the time of driving but increased to an illegal level by the time the breath or blood test was conducted. This defense relies on the fact that alcohol takes time to absorb into the bloodstream.
Presenting alternative explanations
Attorneys may offer alternative explanations for observed signs of impairment, such as fatigue, allergies, medical conditions, or even the defendant’s nervousness due to the traffic stop itself. By providing plausible alternative explanations, they aim to create reasonable doubt in the minds of the jurors.
Violation of constitutional rights
Defense attorneys may challenge the legality of the arrest, questioning whether the officer had probable cause to make the arrest or if the defendant’s constitutional rights were violated during the arrest or subsequent procedures. This defense strategy aims to suppress evidence obtained unlawfully.
Plea bargaining
In some cases, DUI defense attorneys may negotiate with the prosecution to secure a plea bargain, which could involve reducing the charges or penalties in exchange for a guilty plea. This strategy is often employed when the evidence against the defendant is strong, and the attorney believes it is in the client’s best interest to avoid a trial.