DUI Defense Strategies

Individuals facing charges for driving under the influence of alcohol (DUI) should know that there are severe penalties for a DUI conviction. This is why it’s important to meet with a local DUI attorney as soon as possible after your arrest. This way, they can review your case and develop a strong legal defense strategy sooner rather than later.

Many people don’t realize that even if your blood alcohol content (BAC) is higher than your state’s legal limit, that doesn’t guarantee a conviction for DUI. Even in DUI cases where the state’s evidence seems strong, you have the right to mount a legal defense.

Here, we’ll discuss the common legal defenses to drunk driving, including contesting the traffic stop, challenging the results of field sobriety tests, breathalyzer readings, and more.

If you’re currently fighting DUI or DWI charges, you should contact a local criminal defense attorney right away. They can help protect your constitutional rights and craft a defense based on your unique case.

Common DUI Defense Strategies

One of the reasons so many motorists facing DUI charges retain a criminal defense lawyer is that they know how serious these charges are. They also realize that they’re in over their heads when it comes to understanding the law and coming up with a strong legal defense.

If the state convicts you of DUI/DWI, you’ll face the possibility of jail time, fines, a driver’s license suspension, and other penalties. Negotiating a plea bargain with the prosecutor can mean the difference between spending months (or years) in jail and walking free.

Below, we discuss some of the more common defenses experienced DUI attorneys assert.

Challenging the Initial Traffic Stop

The police must have reasonable suspicion that you’ve violated a traffic law or other criminal law before they pull you over. Even with a routine traffic violation, the arresting officer must demonstrate that they had a valid reason for pulling you over. Your DUI lawyer may argue that the police didn’t have cause to pull you over to begin with.

The police must also demonstrate that they had probable cause to arrest you for DUI. The burden of probable cause is not difficult to meet. As long as the arresting officer can show that you appeared to be under the influence of alcohol or drugs, the arrest will be lawful.

Illegal Search and Seizure

Under the Fourth Amendment to the U.S. Constitution, individuals have a constitutional right against unlawful searches and seizures. If the police pull a vehicle over without reasonable suspicion that they have violated the law, the traffic stop may be unconstitutional.

By asking you to submit to a breathalyzer test, the police are technically conducting a search. If they do not conduct themselves in a lawful manner, your attorney will challenge the DUI arrest and, therefore, the DUI charges.

Other rights derive from case law, such as the right to hear your Miranda warnings at the time of your arrest. If police arrest you and don’t read you your Miranda rights, your criminal defense attorney can file a motion asking the judge to omit any statements you made to police at the time of your arrest.

Incorrect Administration of the Field Sobriety Test

All law enforcement agencies have policies and procedures on how to administer a lawful FST. If the officer conducting your DUI investigation fails to administer the test correctly, you can challenge the results of that test. If the judge agrees, the prosecution will have to remove the results of the test from their case against you.

Accuracy of the Breath Test

Breathalyzer tests are generally accurate when administered and calibrated correctly. It will be difficult to convince a judge or jury that the breath testing device the officers used at the station was not working properly. However, there are other ways to challenge the accuracy of a breathalyzer test.

One issue your DUI attorney may raise is that the breath test results were inaccurate because the preliminary breath test (PBT) used in the field was not functioning properly. They can also submit evidence showing the officer didn’t administer the PBT properly.

If part of the DUI investigation involved a chemical test, such as a blood test or urine test, your criminal defense attorney can argue that the machine did not undergo the necessary calibration.

If records show that the law enforcement agency or hospital did not perform the required calibration of the chemical test equipment, the judge may not allow the prosecutor to use the test results in court.

Rising BAC

An interesting defense strategy some attorneys have used is that their client’s BAC increased between the time they were driving and the time the police officer administered the breath test. It is theoretically possible that a person’s BAC was under the legal limit at the time of the traffic stop and only rose above the legal limit during the tests at the station.

This defense is difficult to assert as the state will argue that there was a high likelihood that you would have still been driving with the higher BAC had the traffic stop not taken place. Since the purpose of DUI laws is to help keep the roads safe, the state’s argument may hold water with the judge and jury.

Are DUI Checkpoints Legal?

Some people believe that DUI checkpoints are unconstitutional. And it’s true that some states do not use them. However, the courts have held that, as long as law enforcement personnel abide by certain rules, they can install and operate a DUI checkpoint.

If the police stop your motor vehicle at a checkpoint, the same rules apply as if it were an ordinary traffic stop. Of course, since it is a DUI checkpoint, the police do not need reasonable suspicion to stop drivers for an inspection.

If the officers manning the checkpoint believe that you are operating your motor vehicle under an alcohol or drug impairment, they will conduct the same tests they would conduct if you were pulled over on a road or highway.

These tests include:

• Horizontal gaze nystagmus

• One-leg-stand

• Walk and turn

• Finger to nose

• Counting backwards

• Reverse alphabet

The officer’s observations during the FST will help determine whether they arrest you for DUI/DWI. If you’re wondering which types of FSTs they allow in your state, consult an experienced DUI attorney.

The police will also attempt to administer a breath test. This test is intended to measure BAC, but it can be affected by the presence of mouth alcohol. If you refuse the breathalyzer test, there are legal penalties. By operating a motor vehicle on public roads, drivers are deemed to have given implied consent to chemical testing. Refusal can lead to fines, license suspension, and other legal consequences.

What Happens if Your DUI Defense is Successful?

People facing DUI charges should do whatever they can to achieve the best possible outcome. This usually means that they hire a strong defense attorney to handle their DUI case. This is because experienced DUI attorneys can develop a strong defense strategy by reading the police report, watching the officer’s body cams and dash cam footage, and speaking with eyewitnesses.

An attorney with experience handling DUI cases knows which defenses are most likely to work in a court of law. Furthermore, they have a working relationship with the local prosecutors and have a much better chance of negotiating a favorable plea bargain than a defendant representing themselves does.

A successful defense does not always mean that the court dismisses the charges against you. Sometimes, a strong legal defense translates into reduced charges or a lesser sentence. If the state has strong evidence supporting a DUI conviction, it will be difficult to achieve an acquittal. However, if there is evidence in your favor, your criminal defense lawyer will use it to negotiate a plea deal.

A DUI Defense Attorney Can Help

Even if you were drinking before your DUI arrest, that doesn’t necessarily mean you’re guilty of DUI/DWI. You may have had one or two drinks over the course of three hours. But the police may still smell alcohol on your breath. Or you may have had one drink but used mouthwash to cover it up. The police often interpret this as you trying to avoid a DUI arrest.

If you’re facing DUI charges, it’s a good idea to contact a local criminal defense attorney. They’ll review your case and work hard to achieve an acquittal or favorable plea bargain. They can also push hard for you to avoid a jail sentence or driver’s license suspension.