Question By: Driving under the influence (DUI) charges can be life-altering, with potential consequences ranging from fines and license suspension to more severe penalties. For individuals facing DUI charges, the assistance of a seasoned DUI attorney can make a significant difference. These legal professionals employ a variety of defense strategies to challenge DUI charges and seek the best possible outcome for their clients. Delve into some of the common defense strategies that DUI attorneys often use.
Challenging the Traffic Stop:
One key aspect of DUI defense is scrutinizing the initial traffic stop. If law enforcement officers lacked reasonable suspicion or probable cause to pull you over, your attorney may argue that the stop was unconstitutional. Any evidence obtained as a result of an illegal stop could be deemed inadmissible in court.
Questioning Field Sobriety Tests:
DUI attorneys often challenge the reliability of field sobriety tests. These tests, such as the walk-and-turn or one-leg stand, are subjective and can be influenced by various factors unrelated to intoxication. An attorney may argue that physical or medical conditions, poor weather, or uneven terrain could have affected test performance.
Analyzing Breathalyzer Results:
DUI attorneys frequently scrutinize breathalyzer results, questioning the accuracy and reliability of the device used. Factors like improper calibration, maintenance issues, or operator error may be cited as reasons to cast doubt on the validity of the breath test results.
Challenging Blood Test Procedures:
In cases where blood tests are administered, DUI attorneys may question the procedures followed in collecting, storing, and analyzing the blood sample. Contamination, mishandling, or improper storage can be grounds for challenging the reliability of blood test results.
Investigating Miranda Rights Violations:
If law enforcement fails to properly inform you of your Miranda rights during the arrest, your DUI attorney may argue that any statements made should be considered inadmissible. Miranda rights violations can weaken the prosecution's case significantly.
At the law firm of Michael D. Ettinger & Associates, all charges are taken seriously, even ones that appear to many people as minor, such as driving under the influence. For more information, visit: https://www.michaelettingerlaw.com/Criminal-Defense/DUI-DWI.shtml
Answer By: