Being charged with DUI does not necessarily mean that you will be convicted. There are countless DUI defense strategies that can be used to fight the charges and protect your future.
But, it is difficult to choose the right strategy and even harder to implement it. Because of this, it’s never a good idea to face DUI charges without the help of an experienced attorney. If you are facing DUI charges, contact the DUI lawyers at The Law Offices of Todd Landgren at once.
How Does A DUI Attorney Develop A DUI Defense Strategy?
The key to avoiding a DUI conviction is choosing the most appropriate defense strategy for your case. Each DUI case is unique, so the defense strategy that works for one defendant will most likely not work for another.
For this reason, an attorney will need to review your case prior to discussing defense strategies. Reviewing your case will provide your attorney with the information needed to build an effective defense strategy.
How Attorneys Can Prove A DUI Stop Was Illegal
Police officers must have reasonable suspicion that a driver is violating the law in order to pull him over, except in limited exceptional circumstances. Many DUI cases involve drivers that were pulled over for exhibiting signs of intoxication such as swerving or changing speeds randomly.
However, an attorney may review your case and come to the conclusion that the police officer had no reason to pull you over in the first place.
It is illegal for an officer to pull you over without reasonable suspicion. If this is proven, the evidence collected during the DUI stop is inadmissible, and your case will most likely be dismissed.
Law enforcement officers must follow certain procedures when performing chemical tests and storing blood alcohol samples.
For example, law enforcement officers are required to observe drivers for 15 minutes prior to administering a breathalyzer test. Breathalyzer devices must also be calibrated and regularly maintained in order to produce accurate results from which blood alcohol concentrations can be estimated.
There are also specific rules in place regarding blood tests. For instance, if the vial does not contain the right amount of anticoagulants or preservatives, the blood sample will start to clot or ferment, which could render testing unreliable.
Law enforcement must also ensure the blood sample is not contaminated or disturbed by someone who handles it.
An attorney will review your case to determine if the police followed all of the rules governing the testing and storage of blood alcohol samples.
If one of these rules was not followed, an attorney can argue that the evidence should not lead to a conviction in court or suspension with DMV.
Drivers often assume that their BAC test results will lead to an automatic conviction, but that’s not the case. Blood, urine, and breath test results are not always accurate, so criminal defense attorneys often challenge them in court.
For example, certain medical conditions and medications can affect the outcome of breathalyzer tests. Special diets can also affect the outcome of chemical tests and cause a sober person to test above the legal limit.
A small burp can also transport alcohol from your stomach into your mouth, which will increase your BAC and make you appear intoxicated.
These are just some of the many factors that lead to inaccurate chemical test results. If applicable, an attorney can discredit the results of your chemical test by presenting evidence that the test was affected by one of these factors.
Law enforcement officers also use field sobriety tests to determine if a driver is intoxicated. Drivers are asked to follow instructions and perform a series of movements that attempt to test balance, neurological function, and coordination.
While the driver performs these tests, officers carefully observe for signs of intoxication. Something as simple as struggling to walk in a straight line or balance on one foot could be interpreted by a police officer as a sign of intoxication.
The reliability of these tests is questionable at best. It is hard for some drivers to complete field sobriety tests even when they are completely sober.
Being nervous or wearing uncomfortable shoes at the time of the field sobriety test could make you appear intoxicated to the officer even though you’re not.
A criminal defense attorney can build a case to prove that your field sobriety test results are not reliable measures of your ability to drive with the care and caution of a sober driver.
This DUI defense strategy weakens the prosecution’s case against you by questioning whether or not this evidence is reliable.
It takes anywhere from 45 minutes to three hours for your BAC levels to peak after consuming alcoholic beverages. Therefore, it is possible for your BAC level to rise significantly between the time you are pulled over and the time you are tested.
To be held accountable for DUI, prosecutors must prove that you were impaired or over the limit at the time you were driving; not afterward.
Because of this, an attorney can argue that your measured BAC was above the legal limit at the time the chemical test was administered simply because your BAC was on the rise at the time you were pulled over. If your BAC was lower while driving, you were more likely under the limit and unimpaired at the only relevant time. This means you did not commit the offense and should not be held accountable.
Medical and forensic experts can take the stand in your defense to explain how the body processes alcohol and how chemical tests are used to estimate past blood alcohol levels.
Have you been arrested for DUI? If so, it’s in your best interest to contact a DUI attorney at The Law Offices of Todd Landgren. There is no one size fits all DUI defense strategy.
Let our team carefully review the details of your case so we can determine the strategy that will lead to the best results in your case. To schedule a free consultation, call 949-752-1122 or fill out the form on our website.
I had a felony DUI with GBI enhancement...I am a vet and thought my life was over. He took over from the beginning and told me what I had to do in order to become a better man and prove to the courts I wasn't a bad person. I was set to do 2-3 years in state prison and got.