Make A Great Impression In The Courtroom

How To Fight Against Your DUI Charges

19 August 2020 by Richard Ramirez

As you might already know, an arrest does not necessarily mean you will be convicted. Just being arrested and charged with driving under the influence (DUI), however, can be devastating. You must take action, though, if you are to defend yourself against the charges. DUI convictions can bring some serious punishments that are bound to disrupt your personal relationships, your ability to drive, your job, and your bank balance. Read on to find out more about the defenses your defense lawyer will consider as you move forward with your DUI case.

The Legality of the Initial Stop

Everything that comes after an illegal stop is moot. Law enforcement has to have a good reason (reasonable cause) to flip on the blue lights and pull over a vehicle. The reason doesn't have to be a suspicion of driving under the influence, though. It could be anything from the violation of a minor traffic law to an equipment issue. However, if your attorney can show that law enforcement had no reasonable cause to stop you, your charges might be dropped.

After the Stop

Law enforcement has a continuing responsibility to do things by the book as they approach you and investigate any crimes. It doesn't take much for law enforcement to become suspicious of a driver that exhibits certain behaviors. For example, drivers that act nervous can arouse suspicions. Law enforcement has the power to ask you to step out of the vehicle and to ask for identification, and you must comply. Arguing or non-compliance at this point can only make things worse and add to the charges (resisting arrest, disobeying an officer's commands, etc).

DUI Field Sobriety Testing

Again, reasonable cause is needed before they ask you to perform any tests. The usual tests, unfortunately, are rife with problems. Your lawyer will verify that the officer who performed the test was trained and certified. Then the video footage and the police report will be used to see if the tests were performed properly. Finally, the test results may be refuted if you can show that you had a neurological or physical condition that affected the results. For example, if you have a lower extremity issue, such as a knee problem, you cannot be expected to do either the walk-and-turn or the one-legged stand. By the way, you have a right to refuse testing but you can have your driver's license suspended for no other reason than the refusal – even if you turn out to be innocent of a DUI.

The above is only a sampling of the defense strategies a good criminal defense lawyer will use to get your charges dropped or reduced. Talk to a DUI attorney to find out more.

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