Fighting a DUI Charge
If you are fighting a DUI charge, a local DUI lawyer can assess your case for flaws and weaknesses and help determine your options for fighting a DUI charge.
To find a DUI attorney in your area, complete our free DUI case evaluation form or call us at 877-421-3761.
We will put you in touch with a local DUI lawyer within minutes.
The DUI prosecutor will point to several factors as evidence that you were drunk driving.
These factors may include:
- Poor navigation of your vehicle
- An odor of alcohol flowing from the breath
- The appearance of being intoxicated
- Poor performance on the field sobriety test and
- The results of the blood or breath alcohol test
You can counter the evidence presented by the prosecution based on a number of defenses.
Possible defenses may include:
Lack of Probable Cause for the Initial Stop: If the arresting officer did not have probable cause to stop your vehicle – that is, if he did not have a good reason to believe that a crime was occurring or had occurred – then your DUI attorney may be able to successfully petition for suppression of any evidence that the police agency obtained as a result of the stop.
Note, however, that the probable cause requirement for a stop does not apply in DUI checkpoint or roadblock situations.
Faulty or Unreliable BAC Results: Breathalyzer or blood alcohol test results are usually the most critical evidence introduced in a DUI prosecution.
Successfully challenging those results can often unravel the entire case against you. Breathalyzer and BAC test results can be challenged for a number of reasons, including improper administration of the test itself, improper or poorly documented maintenance of the testing equipment, and medical conditions or other peculiarities of your case that might impact the accuracy of a breathalyzer test.
A local DUI lawyer can not only assess your case for such weaknesses, but should be familiar with challenges raised in your area, and may be aware of common flaws in the local police department’s equipment or testing process.
The DUI Police Officer Failed To Read You Your Miranda Rights: Police must advise you of your Miranda Rights in a DUI case if (1) you are in custody and (2) they question you seeking to illicit an incriminating response.
If the officers continued to interrogate you after placing you in custody for DUI, and did not first read you your Miranda rights and obtain a valid waiver, then your post-custodial statements will likely be excluded from evidence.
The DUI Standardized Field Sobriety Tests Were Not Properly Administered: The National Highway Traffic Safety Administration (NHTSA) devised national standards for how DUI officers are to administer the three standardized field sobriety tests:
- The Horizontal Gaze Nystagmus Test
- The Walk-and-Turn Test
- The One-Leg Stand Test
But police officers often fail to adhere to these national guidelines. Many never even received training as to the NHTSA guidelines. This opens up their whole DUI investigation to attack.
The Alleged Signs of DUI Are Actually Signs Of Fatigue: Many of the “typical” symptoms associated with DUI can just as easily be explained by fatigue.
Sheer exhaustion often causes one to drive his/her vehicle poorly, to have bloodshot and watery eyes, to respond slowly to some of the DUI officer’s questions, and to struggle with the field sobriety tests that require vigilance and good coordination.
Driving while exhausted or drowsy driving is dangerous in its own right, and should be avoided. But the symptoms of driving while exhausted can easily be confused with the symptoms of driving while intoxicated.
Depending upon your charges and your particular circumstances, a DUI lawyer may also be able to help you by negotiating a favorable plea agreement.
If there are weaknesses in your case, even if they’re not significant enough to make a win at trial likely, your DUI attorney can use those weaknesses to argue for reduced charges or sentencing concessions when negotiating with the prosecuting attorney.
A DUI attorney in your area can help you develop a case to defend against your DUI charge.
To speak with a DUI attorney in your area, complete our free DUI case evaluation form or call us at 877-421-3761. We’ll connect you with a DUI lawyer in your area within minutes.
Your DUI charge will not go away on its own.
So, make the call now to get the help you need!