You drank and drove and now you are facing a DUI. Don’t give up! A variety of defenses may be available to you, and it is your constitutional right to defend yourself from criminal charges. Even if you feel you are “guilty” you should not enter a guilty plea without considering your options, and this article will discuss strategies to win a DUI (driving under the influence) charge.
1. Hire an Experienced Criminal Attorney Who Will Listen and Research
The most important step in winning a DUI is hiring the right lawyer. Lawyers are not equally qualified. You need someone who practices criminal law and who frequently works in the jurisdiction in which you are charged. An experienced attorney will know the prosecutor and judges and be able to plea bargain on your behalf effectively because he or she has established the relationships. Although they try to remain fair and impartial, prosecutors and judges are people and can be influenced by personal relationships. An attorney familiar with the jurisdiction may know background on the police officers, which will also be helpful. Most importantly, you need an attorney who will listen to you carefully and research every possible defense. A DUI charge is very fact specific, so your attorney will need to customize your defense to the exact scenario you experienced. If you are in need of a criminal defense attorney with extensive experience, contact David Knecht at DavidKnechtlaw.com.
2. Fight the Stop
An officer must articulate facts that support reasonable suspicion for the stop. It cannot be based solely on a gut feeling. A stop that is motivated solely by racial bias is also illegal. Your attorney can evaluate the basis for the stop and consider whether to file a motion to suppress. If you can win a motion to suppress, the evidence obtained after the stop cannot be used against you, which typically means that the prosecutor will drop the DUI case.
3. Undermine the Credibility of the Field Sobriety Tests
There are many factors that can influence the credibility of the field sobriety tests. Did you have an illness, injury, allegries, obesity or permanent medical condition that would affect your ability to complete the field sobriety tests? Were they administered properly? Were there other distractions, such as a busy road, darkness, uneven surface etc. that could impact the tests?
4. Undermine the Credibility of the Breath Test
Like the field sobriety tests, the breath test is not indefensible, and an attorney can ferret out defenses to its reliability such as whether it was administered properly and whether the equipment was functioning properly. Also, the point in time the test is administered can be relevant, as the level of blood alcohol may have risen between the point of driving and the time of the test.
5. Plea Bargain
A plea bargain can be a partial victory with a DUI. The penalties can be sever and typically include suspension of the driver’s license, fines, and jail. An expert attorney may be able to whittle down the penalties for you, which can be significant.
6. Exercise Your Rights in a DUI Case
While it is admirable to accept responsibility, you should remember that you have a right as an American to challenge the case against you and a judge or jury can’t penalize you for forcing the prosecutor to prove his or her case against you. For more information about whether you can win your DUI case, contact contact David Knecht at DavidKnechtlaw.com
