Being charged with a DUI can be a terrifying and stressful experience. The consequences of a DUI conviction can be severe and long-lasting, including fines, license suspension, and even jail time. That’s why it’s crucial to hire an experienced DUI attorney to represent you and help mount a strong defense.
But what exactly goes on inside the mind of a DUI lawyer as they work to defend their clients? What strategies do they employ to try and secure the best possible outcome for their clients? In this article, we’ll take a closer look at the strategies and tactics used by DUI lawyers to defend against DUI charges.
One of the first things a DUI lawyer will do is thoroughly review the facts of the case. They will examine the police report, the results of any field sobriety tests, and the results of any breathalyzer or blood alcohol tests. It’s important for the lawyer to understand all the details of the case in order to identify potential weaknesses in the defendant’s case.
Next, a DUI attorney may try to challenge the legality of the traffic stop that led to the DUI arrest. In order for a traffic stop to be legal, the police officer must have reasonable suspicion to believe that the driver was committing a traffic violation or was otherwise violating the law. If the attorney can show that the police officer did not have reasonable suspicion to stop the driver, they may be able to obtain the evidence obtained during the stop suppressed, which could weaken the prosecution’s case.
Another common defense strategy used by DUI lawyers is to challenge the accuracy of the field sobriety tests or the breathalyzer or blood alcohol tests. Field sobriety tests, such as the walk-and-turn test or the one-leg stand test, are not always reliable indicators of intoxication, and a skilled attorney may be able to show that the tests were administered improperly or that other factors could have influenced the results.
Similarly, breathalyzer tests are not infallible, and there are a number of factors that can affect the accuracy of the results. A DUI lawyer may argue that the breathalyzer machine was not properly calibrated, or that the officer who administered the test did not follow proper procedures. In some cases, a lawyer may even challenge the results of a blood alcohol test, arguing that the test was mishandled or improperly analyzed.
Finally, a DUI attorney may try to negotiate a plea bargain with the prosecutor in order to secure a lighter sentence for their client. This could involve pleading guilty to a lesser charge, such as reckless driving, in exchange for a reduced sentence or other concessions.
Overall, defending against a DUI charge requires skill, knowledge, and experience. By understanding the strategies and tactics used by DUI attorneys, individuals facing DUI charges can better appreciate the complexities of their case and the importance of hiring a qualified attorney to help them navigate the legal process.