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No two criminal cases are alike, which means that your defense strategy must be unique and tailored to the specific facts of your case. Taking an individualized approach will help ensure you achieve satisfactory results, and will also mean that the defense fits the facts. Even though every case is different, there can be common themes and common defense tactics. This is especially true for similar charges, like DUI or drug related charges.

For example, in a DUI case, there are some common strategies that have been proven effective. Five of these strategies include:

  • Attacking the validity of the traffic stop. If the initial stop was made without reason, it is possible that the resulting DUI charge is also invalid.
  •   Questioning whether the officer administering the blood or breath test was certified and/or properly trained to do so. If the testing process was flawed, the results may be unreliable and thus not used in your case. Without proof your BAC was over the legal limit, the prosecution will have a hard time charging you with a DUI.

 

  • Challenging the maintenance of the testing equipment. If the equipment is not properly maintained, it can be argued that the results are faulty. Malfunctioning equipment or equipment that has not been taken care of may not be working properly, and thus the test result may not be accurate.

 

  • Identifying other substances that could result in a false positive. Some prescription drugs can give a reading that mimics a BAC over the legal limit, even when the driver has not been drinking.

 

  • If the arrest was made at a DUI checkpoint, it is important to explore whether the checkpoint was properly set up and run.

 

Most people are not charged with crimes on a regular basis, and this can make it hard to know what to expect after an arrest. It can seem like a million questions pop into your head, and until you have answers the days after an arrest can be a stressful time. We have experience helping people charged with all sorts of crimes, call us today to find out the answers to your most frequently asked questions in criminal law and let us develop a defense strategy that meets your needs.

If you have questions about what to do after a DUI or other arrest, contact an experienced criminal defense attorney in Stuart and the Treasure Coast for answers. Your first visit is a free consultation and we work with you to reach results that fit your needs.


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