The longer a DUI defense lawyer works in the business, the more defense strategies he or she gets exposed to. This repertoire of defense approaches – along with becoming familiar with the decision-making styles of local judges and prosecutors – can be of great help to the average DUI defendant who is trying to navigate the criminal court system.
Among the many defense techniques that might be available to use in a DUI trial include two types of strategies that lawyers tend to use again and again:
Sobriety test administration issues
Police officers need to follow exact procedures when it comes to the administration of all forms of sobriety tests. They have to wait a certain period of time, while observing the driver, before subjecting him or her to a Breathalyzer test. They also have to conduct the field sobriety test according to strict rules and procedures. Failure to follow protocol could render the results of these tests inaccurate, and it could cause them to be thrown out as evidence.
Police need to observe that a driver was doing something suspicious or breaking traffic laws in some way before pulling him or her over. Although a drunk driving arrest doesn’t need to start as a drunk driving stop in order for it to be valid, if a police officer didn’t have a viable reason to pull the driver over, it could render any charges that result from the stop invalid.
What were the circumstances that surrounded your drunk driving allegations? Could one of the above defense techniques apply to your case? If not, it could be helpful for you to review the various defense strategies that might work to defend against the charges in your particular case.