Every type of criminal case deserves a defense, and every case has its own set of particular facts that will help determine what defense strategy is best. If you have been arrested for a crime, you have to take into consideration the possible range of punishment, and then develop a defense that addresses the possibilities in the best way for you. With a DUI, you will want to save your driver’s license and stay out of jail, so you can continue to go to work and earn a wage. There are several options to take into account when you put on your defense to a DUI, and it is worth taking a look at several defense strategies.
A top ten list of DUI defenses you should consider includes:
- Challenging the initial traffic stop as a valid stop. If the stop itself was not grounded in law, the resulting arrest may not be a valid arrest either.
- Challenging the breath test results.
- Offering alternative reasons for your driving patterns, such as a medical condition.
- Discrediting any eyewitness.
- Questioning whether an anonymous tip that you were observed driving in a way that appeared to be “while under the influence” is a reliable tip.
- Attacking evidence provided by an “expert” as invalid and not supported by scientific or other specialized knowledge.
- Pointing out flaws in the arrest process, such as the failure to provide an observation period.
- Claiming any blood test was done illegally.
- If your arrest is the result of a DUI checkpoint, you should examine whether the checkpoint was set up and conducted according to law.
- Lack of jurisdiction.
The type of defense you use will need to fit the facts of your case, and the above list is simply a sample of some of the more common defenses raised in DUI cases. Our approach is to investigate the facts of your case and then work with you to come up with a strategy that works. This could require questioning the arresting officer, or reviewing any dash cam video of the traffic stop. It might also mean you have to provide evidence regarding any health conditions you have, or provide information as to any medications you were taking at the time of the stop and arrest. To find out what will work best for your case, call us today. Our team of criminal defense attorneys has the experience you need.
If you have questions about DUI defense, call our office for help today. Contact us today schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. The first visit is a free initial consultation.