A DUI conviction can leave your future in jeopardy. It can threaten your license, your job, and even your freedom. With a significant risk of harsh penalties, it’s crucial that you know how to build an aggressive criminal defense that protects your interests as fully as possible.
But what defense options are available to you?
It really depends on the circumstances of your case. With that in mind, let’s briefly touch on some of the stronger defense options that may be at your disposal:
- Illegal traffic stop: Before you can be pulled over by the police, officers must have reasonable suspicion that you’ve broken the law or committed an infraction. If they lack this suspicion when they stop you, then the stop is probably illegal. Why does this matter? Because any evidence gathered after an illegal traffic stop is illegally obtained. That’s because it’s considered tainted by the initial illegality of the stop itself. Therefore, even if the police gather incriminating evidence following an illegal traffic stop, you may be able to suppress it.
- Field sobriety test errors: Officers often conduct field sobriety tests in order to determine if there are sufficient signs of intoxication to warrant arrest or a breath or blood test. But the police oftentimes improperly administer these tests or they misinterpret test results. This sometimes happens when the driver has a medical condition that causes slurred speech, confusion, or poor balance.
- Blood-alcohol concentration tests are unreliable: Prosecutors tend to rely on the results of breathalyzer tests to obtain DUI convictions. But the tragic reality is that breathalyzer tests are often unreliable. This may be because the machine itself is improperly maintained and calibrated, or it could be because the officer improperly administered the test.
- The police violated your Miranda rights: If the police are subjecting you to custodial interrogation, which is usually the case if they suspect that you’ve been driving under the influence, then they should read you your Miranda rights, including your right to remain silent and your right to an attorney. If the police failed to do so, then you might be able to prevent the prosecution from using any of your own statements against you.
- No evidence that you were driving: If there were multiple people in your vehicle when an accident occurred, then the police are probably going to try to pin the wreck on whichever individuals seems intoxicated. But remember, the burden is on the state to prove that you were operating the vehicle while under the influence. But sometimes just proving that you were driving can be difficult. This is another reason why it’s a good idea to avoid talking to the police until you have an attorney on your side to guide you through your statements, if any need to be made.
- Illegal checkpoint: DUI checkpoints have been challenged on multiple occasions. Even though their legality has been upheld, there are certain precautions that law enforcement must take, including having an adequate process in place to ensure that random cars are chosen for stops.
Are you ready to fight to protect your future?
You don’t want a DUI conviction to wreak havoc on your life. That’s why now may be the time for you to reach out to a proven criminal defense attorney who will know how to craft the aggressive defense strategy that you need on your side. With a fighter in your corner, hopefully you can achieve an outcome that helps you turn the page on this chapter of your life and get back to normality.