Most Common DUI Defenses Used by Lawyers

If you have been arrested for a DUI you have a right to hire a criminal defense attorney to represent you on those charges. The Police Department has experts who specialize in DUI phlebotomy working on DUI cases. These experts will work in conjunction with police to help secure a DUI conviction for those who are driving impaired due to alcohol or drugs. DUI convictions can have severe penalties and always include mandatory jail time. Therefore, it’s crucial to consult with a criminal defense attorney who is well versed in DUI laws. An experienced DUI attorney can raise defenses to challenge the State’s criminal charges against you, and may be able to have the evidence suppressed, reduce the charge, or even have the case dismissed altogether. We routinely work with defense experts who can counter the state’s experts in DUI cases.

Of course, every case is different and the defense strategy your attorney uses will be based on your specific set of circumstances. Here are some common defenses that could be raised by your attorney to defend DUI charges:

Reasonable Suspicion

The officer did not have Reasonable Suspicion to make the stop. The police are trained to find reasons for pulling someone over who may be impaired. Some of these reasons could include things like weaving on the road, failure to stop at a stop sign or traffic light, Failure to make a complete stop at a four-way intersection, and many other traffic violations. If the officer lacks reasonable suspicion, the DUI could be challenged as being an unlawful stop. An exception to the reasonable suspicion rule is a DUI Task Force stop that is part of an organized DUI checkpoint.

Field Sobriety Tests

In most cases, an attorney will advise against taking those tests on the side of the road. These tests may include, a breathalyzer, walking a straight line, touching your nose, following the officers pen with your eyes, etc. Remember, the person who decides whether you pass these tests or not is the officer, and he already suspects that you are intoxicated, so it’s not a good idea to consent to these tests. Some of these tests are difficult to pass even by drivers who are not impaired at all, so it’s best not to take these tests on the side of the road. However, if you are arrested and taken to the station or other testing station, you will be required to take a blood, breath or urine test or lose your license for a year. Many of these tests are fertile ground for an experienced lawyer to target and have them suppressed from evidence.

Breathalyzer Results

These tests are not always accurate and have been known to produce false results due to operator errors, contamination, breathing patterns, maintenance or calibration, malfunctions, and other issues. An experienced DUI lawyer will be able to exploit these issues and may be able to have these results suppressed from evidence in your case.

Probable Cause

The officer needs to show probable cause to arrest you for DUI. This is another fertile area an experienced DUI lawyer can attack because the officer must have more than just reasonable suspicion, the officer will need factual evidence amounting to probable cause. Factual evidence could be something like the results of a BAC test, which is another reason why you should refuse the field sobriety tests. Because the burden of proof is on the arresting officer to show probable cause for the arrest, not taking the field sobriety tests may prevent the officer from reaching this higher standard of probable cause.

Blood or Urine Tests

These tests can be inaccurate as well and there are many ways to challenge these tests. There are many protocols that relate to how these tests are administered, the storage of the specimen, labeling, transportation, the equipment used, as well as the supplies and method of processing and reporting. If any errors are found in the way these tests were administered, an experienced DUI attorney could move to have the evidence suppressed.

Constitutional Rights

You have rights under the US Constitution. If your rights were violated during your arrest or during the investigation that followed, an experienced DUI lawyer could move to suppress evidence, reduce charges, or have your case dismissed altogether.

Clearly, being charged with any variety of DUI is a serious matter that carries severe penalties. The good news is you don’t have to face the charges alone. The attorneys at the Attorneys for Freedom Law Firm have decades of experience handling DUI cases and utilize a variety of strategies and techniques to ensure the best result in each and every DUI matter that we handle.

If you or someone you know has been charged with a DUI in Arizona or Hawaii email us or call our Arizona office at 480-755-7110 or our Hawaii office at 808-647-2423 and our experienced team of criminal defense lawyers will help you come up with the best solutions for your case.