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Nearly every story has two sides to it, and sometimes there are more than two sides. When the story involves the law, it is critical to gather all of the data and sift through the facts to determine which facts are favorable to your legal position. Doing this will help you to build a strong defense if you have been charged with a crime, and depending on the type of case may even help to keep you out of jail. With a DUI the focus should be limited to your actions just prior to getting behind the wheel of a car, what transpired at the traffic stop, how any field sobriety or breath tests were given, and whether this is a first time offense or you have faced these charges in your past. Of course the scope of your focus can include other factors, and that depends on whether there are circumstances unique only to your case.

For cases that may have some special circumstances, but are not generally considered out of the ordinary, here are three effective ways to challenge a DUI:

  • If your BAC was determined by a breath test, you should make every effort to challenge that result. It might be that the machine was not working properly, had not been maintained as it should be, or that the person giving you the test lacks the qualifications to do so. When there is a flaw in the testing procedure, the results are suspect. If you can raise enough suspicion as to whether the testing procedure was valid, you might be able to get the case dismissed or at least reduced.
  • If your BAC was determined by a blood test, you need to make sure the draw of blood was done properly. This includes making sure the area where the needle was inserted was properly cleaned, so that no residue of any other substance remained which might contaminate the sample. It is also essential to question whether the sample was mixed with the proper preservatives and other substances, so that the result is not altered by the existence of another chemical.
  • If your arrest was made after participation in a field sobriety test, such as the horizontal gaze or “walk the line” test you should question the officer’s subjectivity. These types of tests rely heavily on perception, and this differs from person to person.

Being arrested for DUI is a big deal, but it is not the end of the world. Most cases can be defended successfully, with results that make sense. The key is to find what type of defense works best for the facts of your case, and this can take some digging. Our team of experienced DUI defense attorneys has handled countless cases, and knows which methods of investigation work best for which case. Call us today.

For more information about DUI defense, call an experienced defense attorney in Stuart and the Treasure Coast. We offer an initial consultation for no charge, and look forward to working with you.

 


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