Being charged with a drunk driving offense can be distressing, especially when it seems like the evidence is stacked against you and the upcoming legal process will be as confusing as it may be daunting.
What those accused of DUI should remember, however, is that:
- They have rights, and the law presumes they are innocent until guilt has been proven beyond a reasonable doubt.
- Police and prosecutors do not necessarily have the air-tight case you may think they have, and the mistakes or oversights these officials make can be important to a strong defense case.
- An experienced defense attorney can be pivotal to helping you identify your best DUI defense options and, in doing so, helping you build the strongest possible defense.
Below, we’ll point out just some of the potential DUI defense strategies that can be effective (depending, of course, on the details of a case).
Compelling DUI Defense Arguments
- These DUI defense strategies can be highly effective, depending on the facts of a case, experienced Birmingham & Montgomery DUI attorneys explain.A cop had no probable cause to pull over the driver for the DUI stop – To pull over a driver, a police officer has to have probable cause, which can be witnessing a driver violate traffic laws, responding to the scene of an accident, etc.This probable cause should be documented in the police report for the DUI arrest. If it wasn’t and the arresting officer can’t articulate what the probable cause was, there may have been no legal basis for the DUI stop in the first place, and it may be possible to argue that the DUI charges should be thrown out.
- The driver didn’t fail field sobriety testing – Field sobriety testing is not as “standard” in practice as you may think, and cops don’t always properly evaluate the results of these tests.In fact, it’s not uncommon for people’s behaviors or inability to perform certain elements of field sobriety tests to be misinterpreted as a sign of intoxication. An experienced lawyer can point out when this may have been the case (due to, for instance, a person’s medical condition).
- The officer didn’t have permission to perform BAC testing – When a cop asks a driver to submit to a breathalyzer or blood test, the driver can refuse this testing (though the refusal violates the Implied Consent law), preventing the testing from happening.When, however, an officer refuses to comply with the refusal and performs the BAC testing anyways (such as in the case of BAC testing a driver who has fallen asleep but refused testing earlier), it can be possible to get these BAC test results thrown out.
- The officer didn’t follow proper procedure when performing BAC testing – Whether a driver chooses to submit to a breath or blood test during a DUI stop, there are very specific procedures that have to be followed when administering these tests. If these procedures, which should be documented in the police report, are NOT followed, again, it can be possible to get the BAC test results dismissed.
- The BAC test results are not reliable or accurate – There may be other ways to discredit BAC test results and, in doing so, mount a strong DUI defense. For instance, if a non-state-approved or uncalibrated breathalyzer device is used – or if the chain-of-custody for a blood sample is broken, it can be argued that the associated BAC results are unreliable and of questionable accuracy.
- The driver wasn’t read his Miranda rights prior to the DUI arrest – Before any arrest or police interrogations, officers are legally required to read the arrestee his Miranda rights (so as to inform this person of his legal rights to remain silent, ask for a lawyer, etc.). So, if someone is not read his Miranda rights and either admits to being drunk (or is interrogated by police), then, again, it may be possible to get this admission (or the answers provided in the interrogation) thrown out of court.
Birmingham & Montgomery DUI Attorneys at Joe Reed & Associates, LLC
After a DUI arrest, you can count on the trusted Birmingham & Montgomery DUI attorneys at Joe M. Reed & Associates LLC to be aggressive advocates for your rights and help you get the best possible results from your case.
To discuss your case and your best DUI defense options, attend an initial consultation with one of our lawyers. You can set up this meeting today by calling us at 334-834-2000 or by emailing us using the contact form at the top of this page. Initial consultations are free in most cases, and evening and weekend appointments are available for your convenience.