DUI Defence Strategies
Consequences of successive convictions of drinking under influence can be very serious leading to loss of freedom, heavy fines and driving license revocation among other consequences. A DUI defence attorney can explain to you whether any of these defence strategies described below may be relevant in your particular DUI case to have the charges levelled against you lessened or even dismissed altogether:
The accused was not driving
For you to be convicted of a driving under influence offence, the prosecution ought to prove that you were indeed driving. Many DUI cases start when the motorist is ordered to stop by a police officer. In spite of that, if the accused was parked at the moment that the law enforcement officer intervened, the defence can argue that the accused was simply sitting inside the car and not actually driving.
Explanations issued for appearance discrepancies
Before a police officer opts to investigate a DUI case, he or she can make pre-judgements concerning the suspect; for example, he or she may make report findings based on the suspect’s appearance.
For instance, the defendant may have an unkempt outward appearance. Probably they had bloodshot eyes. However, the appearance may be because of some other causes that are not necessarily intoxication.
For instance, bloodshot eyes can be caused by fatigue, wind irritation or allergic reactions. Further to that, fatigue or prescription drugs may also cause a number of the common appearance aspects that are linked to intoxication, such as flushed face, sluggish eyes, shaky nerves or fever.
Contest field sobriety tests
Law enforcement representatives sometimes request DUI suspects to do a series of tests to ascertain their soberness or lack thereof. However, majority of these tests don’t have a correlation with intoxication. Also, the officer may conduct the test wrongly. The defence team can use these points to argue their case.
Further to that, there may be several concrete reasons that aren’t associated with drunkenness explaining why the suspect didn’t pass such examinations. For instance, an individual may have a physical disability or leaning impairment that had an effect on his or her body balance, hearing capacity or ability to rehearse numbers or letters. The defendant may have tripped on a walk-the-line trial due to a rough surface or uncomfortable shoes with boots or high heels.
When facing a DUI arrest and possible prosecution, contact an experienced DUI defence lawyer for the best legal defence. To learn more, contact criminal defence lawyers with any questions you have.