How Can I Fight a DUI Charge?
The specific weaknesses in your DUI case will be particular to the circumstances of your arrest and the evidence in your case. A local DUI lawyer can assess your case for flaws and weaknesses and advise you on your options for fighting a DUI charge. Some of the most common "cracks" in a DUI case 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 / roadblock situations.
- Faulty or Unreliable BAC Results: Breathalyzer or blood alcohol test results are usually the most critical evidence introduced in a DUI prosecution. Thus, 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 will be familiar with challenges successfully raised in your area and may be aware of common flaws in your local police department's equipment or testing process.
- Credibility of the Arresting Officer: Often there is only one police officer present at a DUI arrest, and that one officer alone administers the breathalyzer test and any field sobriety tests. Because the establishment of probable cause relies heavily on the officer's observations both before and after the initial stop, the officer's credibility and qualification to administer both field sobriety and breathalyzer tests may be critical to the outcome of your case. If your DUI lawyer recognizes inconsistencies or faulty documentation in police reports and officer testimony, those errors may provide the crack he needs to attack your DUI charges.
Depending upon your charges and you 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.
Whatever the circumstances of your DUI arrest, talk to a local DUI lawyer before you make any decisions or take any action.
