A DUI Defense Strategy is critical to beating a DUI charge. This strategy is aimed at persuading the prosecutor to reduce the charges to a lesser charge so you are not subjected to a hefty fine or an automatic license suspension. While it’s not a guarantee, the best Strategy for DUI defense are geared toward minimizing the punishment you could face. Here’s how to do just that:
Using Miranda Rights. As a matter of law, officers are not allowed to pull you over without probable cause. The Fourth Amendment protects you from unreasonable searches and seizures, and it applies to DUI cases as well. By building your defense around these constitutional protections, you can have your case dismissed. But a good DUI defense strategy will also include challenging police officers’ actions. While it is possible to use the evidence collected against you, the results will be thrown out if they were not conducted under proper protocol.
Proving Reasonable Suspicion: A DUI attorney can successfully argue that a traffic officer’s actions were reasonable based on a lack of reasonable suspicion. In this situation, the officer must have acted legally and had an articulable reason to pull you over. Otherwise, the evidence collected would not be admissible in court. The prosecutor may have to pay for the expert’s testimony, which would put you at risk of a conviction.
Mouth Alcohol: A strong defense against a DUI charge is based on the fact that mouth alcohol contains trace amounts of alcohol. Regurgitated alcohol, mouthwash, and breath spray can cause a BAC that is over the legal limit. Mouth alcohol is a very effective defense when the arresting officer fails to observe the defendant for fifteen minutes. During this period, the defendant must refrain from any alcohol-containing substances, such as gum or mouthwash.
DUI Plead With the Prosecution: A plea bargain reduces the charge from a felony to a misdemeanor. DUI charges can be reduced to lesser offenses such as speeding, reckless driving, dry reckless driving, or negligent driving. In some cases, the charge may even be dropped altogether to a lesser offense, such as a traffic ticket. DUI defense strategies can help you avoid a conviction in these cases and fight your case in court.
FST Challenge: A strong DUI defense strategy will include challenging the results of Field Sobriety Tests (FST) administered by the police. While the LAPD officer tells the jury that Lisa performed poorly on the FSTs, Lisa’s DUI lawyer can show that the tests were conducted outside of a bar, in heels of three inches, and without a seat belt. This unreliability is a compelling legal defense.
Defend With a Falsely High BAC: Another popular DUI defense strategy is using a false BAC test. This strategy may be used if the blood alcohol level of the driver has increased during the investigation. If your blood alcohol level rises while the investigation is being conducted, it may affect the results of the chemical tests. In such a case, the defendant may have to pay a fine or serve jail time, or receive a reduced sentence.