A DUI charge can be devastating to an individual’s personal and professional life if it results in a conviction. However, obtaining a conviction may prove to be an arduous task for prosecutors if the accused individual has retained the counsel, resources and representation of a criminal defense attorney. The lawyer may help the accused individual mount an aggressive defense, employing a multi-strategy course of action against the charges.
One of the primary strategies used by DUI lawyers involves calling into question the initial means by which law enforcement officials arrived at the suspicion that the driver may be intoxicated. For example, if officials administered field sobriety tests, a defense lawyer may challenge the credibility of the results. Field sobriety tests are historically subjective and unscientific, and a number of different factors outside of actual intoxication can result in a driver performing poorly on these tests.
Another common tactic used by DUI lawyers is to challenge the validity of incriminating evidence brought against the accused individuals. For example, if law enforcement officials administered a breath test in order to measure the driver’s blood alcohol content, the defense lawyer may argue that the testing device was not properly calibrated or challenge whether the officer was properly trained to administer the test. In this way, the incriminating evidence may be invalidated, effectively weakening the prosecution’s case.
Yet another defensive strategy involves reviewing the police report supporting the DUI charge. The lawyer may scrutinize it for inaccuracies, contradictions and inconsistencies, the presence of any of which may subvert the credibility of the arresting officer. When the prosecution’s case is accompanied by invalidated evidence and untenable police work, there is a significant possibility that the DUI charge may be reduced or even dropped altogether. DUI convictions are never guaranteed. It is therefore imperative that drivers who are charged with this type of offense retain a criminal defense attorney with experience in these matters.