Drinking and driving is a common offense, and it can happen to anyone. Getting caught up in a DUI charge can be a harrowing experience. Not only can it lead to fines, but it can also result in a jail sentence and a criminal record. If you’re facing a DUI charge, you probably have a lot of questions. What are your chances of beating the charge? Should you plead guilty or contest it in court? What defense strategies can you use? As a top DUI defense attorney, I’ve successfully defended countless individuals against DUI charges. In this article, I’ll delve into some of the most effective DUI defense strategies and reveal what goes on behind the scenes during a DUI case.
Firstly, it’s essential to understand that DUI charges are serious, and the consequences can be severe. However, that doesn’t mean that you’re automatically guilty. There are many DUI defense strategies that you can use to fight the charges. One of the most common approaches is questioning the legality of the stop. Even the police must follow certain procedures when pulling over a driver, and if they didn’t have probable cause to do so, any evidence they collected after the stop may be inadmissible in court. DUI defense attorneys will often scrutinize the events surrounding the stop to see if there were any violations of your constitutional rights.
Another DUI defense strategy is challenging the results of the breathalyzer or blood tests. These tests are often seen as reliable and accurate indicators of intoxication. However, there are numerous factors that can affect the accuracy of these tests. For example, the breathalyzer machine may not have been calibrated correctly, or the person administering the test may not have been trained properly. Additionally, certain medical conditions or even mouthwash can affect breathalyzer results. If there are any issues with the test results, a DUI defense attorney can argue that they are invalid.
A third approach is highlighting the circumstances around the arrest. Were the police acting unlawfully or using excessive force during the arrest? Was there a valid reason for the police to detain you? DUI defense attorneys may use video evidence or eyewitness testimony to demonstrate that the police violated your rights. This can undermine the prosecution’s case and give you a better chance of having your charges reduced or even dropped.
Another effective DUI defense strategy is arguing a rising blood alcohol content (BAC) defense. This is based on the fact that alcohol takes time to be absorbed into the bloodstream. If you were pulled over soon after consuming alcohol, it could be argued that your BAC was still rising when you were tested. Experts can use scientific evidence to calculate what your BAC would have been at the time of driving, which can be significantly lower than the actual test result. This defense can be especially effective in cases where the BAC level is close to the legal limit.
Being charged with a DUI can be overwhelming, but remember that you have options. If you’ve been charged, it’s essential to consult with a DUI defense attorney as soon as possible. From challenging the circumstances of the stop to arguing a rising BAC defense, there are many approaches that can be taken to fight your DUI charges. However, it’s crucial to work with an experienced and qualified attorney who can guide you through the process, protect your rights, and help you achieve the best possible outcome.
To discuss your DUI defense, please contact Carlos Gonzalez Law ☎️(305) 521-7977
