A DUI arrest and conviction can have serious consequences, including possible jail time and loss of your driver’s license. So, if you have been arrested for DUI the best thing you can do is aggressively defend the charges against you. The first step is to partner with a knowledgeable DUI defense attorney, so important defense strategies are not overlooked. While every case is different and will require a different defense, there is some common ground to stand on when developing a defense that fits the facts of your case.
Five of the most common ways to defend a DUI case are:
- Challenge the breath test results: you can do this by finding a flaw in the testing procedure itself, or by identifying a problem with the equipment or in its maintenance. The police have a certain set of protocols that must be followed when administering a breath test, and if there is a deviation the results should not be used against you.
- Challenge the validity of the traffic stop: if there was an error in the traffic stop that led to your DUI arrest, you can argue that since the stop was not valid neither was the arrest.
- Identify other causes for the test result: this may be a prescription you are taking, or in some cases a unique chemical make-up personal to you, that will cause the test result to give off a false positive. This requires presenting complex scientific evidence, and is best done by a trained professional who can explain the particulars of your case to the Court.
- Claim the checkpoint was not set up properly: if your DUI arrest is the result of being stopped at a DUI checkpoint it is worth investigating whether the checkpoint was valid.
- Inconsistent stories: when the police make their report, any testimony given later should mirror the information contained within the written report. If it does not, the entire arrest can become suspect, and give you some wiggle room.
We understand how hard it is to face any legal issue on your own, which is why we take on that burden for you. We have experience fighting DUI cases, and getting satisfactory results. Call our office to learn your next step, and let us help you today.
If you have been arrested for DUI, call our office for help. Schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation.