If you have been arrested and charged with DUI you will face loss of your driving privileges as well as the criminal charges. This means you will have to develop a defense to the charge of DUI and fight to get back your license. Not many criminal cases for one charge include two separate cases all rolled into one and it takes a knowledgeable defense attorney to make sure no part of a viable defense is overlooked. In most cases the information you gather regarding your driver’s license revocation is helpful in the criminal case, so it is crucial that you do not neglect this part of your case. But in order to take steps to maintain your right to drive you have to request a review of the revocation within ten days from the DUI arrest. Once you have done that it is time to focus on the criminal aspect of your case so you will know where to fill in holes with the data gathered from the driver’s license portion of your case.
Four of the more popular DUI defense strategies include:
- Questioning whether the breath testing equipment has been properly maintained or is malfunctioning. A malfunctioning machine is likely to produce an unreliable result and without proof your BAC was over the legal limit the prosecution will have a hard time maintaining a case against you. You can find out a lot of relevant information about the testing machine at your administrative hearing to get your license back and you can also perform an independent investigation into whether the machine was working properly at the time of your arrest. In either instance valuable evidence can be obtained.
- Claiming the traffic stop was not valid, thus anything that transpired thereafter was not legal. 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.
- Determining whether the officer was trained to administer the breath test, if not or if the training was inadequate the test results are suspect.
- Looking for other explanation for a positive test result, such as prescriptions or medical conditions.
Your case is unique and requires a thorough investigation to determine what facts make up the best defense for you. Our attorneys are experienced at conducting these investigations and will work with you to develop a defense strategy that fits the facts.
If you have questions about DUI cases, 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.