DUI Defense Strategies You Must Know
The most common defense for any crime or for any mistake is denial.
However, when you're faced with a DUI charge, denial is probably one of the least helpful defense.
A good DUI lawyer would be able to come up with a strategy to get you out of a sticky situation.
A qualified DUI lawyer knows that the best DUI defense is to break down the evidences provided by the arresting officer and the prosecution.
After all, these evidences are often based on subjective judgment, rather than objective and scientific evidences.
A blood test result is probably the hardest defense to break.
However, blood tests are conducted by medical technicians.
No matter how long they have been in the field, they are still prone to human error.
It is possible that the test was not administered properly.
If a thorough investigation could be done regarding the administration of the blood test, the results can still be contested.
However, the best bet for a DUI defense is to question the arresting officer's judgment.
The arresting officer should be able to establish that there is a justifiable and constitutional reason to warrant the stopping and detaining the driver.
The police officer must be able to establish that there is a correlation between drinking and the driver's erratic driving behavior.
Speeding, weaving in and out of traffic, swerving and drifting in and out of lanes are valid traffic violations.
However, they are not necessarily valid reasons for a DUI charge.
In order to establish a DUI defense against these erratic behaviors, a DUI attorney must prove that the client's erratic driving behaviors are due to different causes.
The driver was talking on the cell phone, took their eyes off the road to reach for an item at the back of the car, exhaustion, sleepiness or was simply bothered by the children at the backseat.
These erratic driving behaviors are undoubtedly dangerous but do not necessarily merit a DUI charge.
If the arresting officer did not use a breathalyzer, one of the most common evidence they will present is the smell of alcohol in the driver's breath and a slovenly or drunken appearance such as a flushed face, bloodshot and watery eyes, slurred speech and an unsteady gait.
However, these symptoms do not necessarily mean that the driver is over the legal blood alcohol limit.
As a DUI defense, the smell of alcohol cannot be used as a gauge to measure the blood alcohol.
Driving with slovenly appearance is also not against the law.
Bloodshot, watery eyes and a flushed face could be taken as symptoms of allergies, illness, exhaustion or sleepiness.
Furthermore, an unsteady gait and slurred speech could be signs of weariness and nervousness due to the interrogation being done by the arresting officer.
A DUI lawyer should be able to establish that the client was experiencing an entirely different thing under than drunkenness during the time of the arrest.
However, when you're faced with a DUI charge, denial is probably one of the least helpful defense.
A good DUI lawyer would be able to come up with a strategy to get you out of a sticky situation.
A qualified DUI lawyer knows that the best DUI defense is to break down the evidences provided by the arresting officer and the prosecution.
After all, these evidences are often based on subjective judgment, rather than objective and scientific evidences.
A blood test result is probably the hardest defense to break.
However, blood tests are conducted by medical technicians.
No matter how long they have been in the field, they are still prone to human error.
It is possible that the test was not administered properly.
If a thorough investigation could be done regarding the administration of the blood test, the results can still be contested.
However, the best bet for a DUI defense is to question the arresting officer's judgment.
The arresting officer should be able to establish that there is a justifiable and constitutional reason to warrant the stopping and detaining the driver.
The police officer must be able to establish that there is a correlation between drinking and the driver's erratic driving behavior.
Speeding, weaving in and out of traffic, swerving and drifting in and out of lanes are valid traffic violations.
However, they are not necessarily valid reasons for a DUI charge.
In order to establish a DUI defense against these erratic behaviors, a DUI attorney must prove that the client's erratic driving behaviors are due to different causes.
The driver was talking on the cell phone, took their eyes off the road to reach for an item at the back of the car, exhaustion, sleepiness or was simply bothered by the children at the backseat.
These erratic driving behaviors are undoubtedly dangerous but do not necessarily merit a DUI charge.
If the arresting officer did not use a breathalyzer, one of the most common evidence they will present is the smell of alcohol in the driver's breath and a slovenly or drunken appearance such as a flushed face, bloodshot and watery eyes, slurred speech and an unsteady gait.
However, these symptoms do not necessarily mean that the driver is over the legal blood alcohol limit.
As a DUI defense, the smell of alcohol cannot be used as a gauge to measure the blood alcohol.
Driving with slovenly appearance is also not against the law.
Bloodshot, watery eyes and a flushed face could be taken as symptoms of allergies, illness, exhaustion or sleepiness.
Furthermore, an unsteady gait and slurred speech could be signs of weariness and nervousness due to the interrogation being done by the arresting officer.
A DUI lawyer should be able to establish that the client was experiencing an entirely different thing under than drunkenness during the time of the arrest.
