A DUI conviction can derail life as you know it. It can lead to jail or prison time, hefty fines, license suspension or revocation, loss of employment, and damage to your reputation and career. Thinking about all of that can be stressful, for sure, but you shouldn’t let your fear of the possibilities paralyze you into inaction. Instead, use it as motivation to build the strongest, most aggressive criminal defense you can manage.
But what are your options when it comes to building a DUI defense? Fortunately, you might have several ways to attack the prosecution’s case. Let’s look at some of them here.
How to defend yourself against DUI charges
Depending on the facts of your case, some defense options may not be realistic. However, as you start to think about how to proceed with your criminal defense, you should consider these DUI defense options:
- Arguing that the breath test was inaccurate: The police and prosecutors like to think that breath test results are the gold standard and are a clear indication of intoxication and guilt. Yet, these tests are prone to error, and for a variety of reasons. The testing machine used in your case may have been improperly stored, calibrated, or used. If law enforcement failed to abide by applicable practice standards, including failing to wait until you’re no longer burping, then the test’s results may be skewed. You need to gain access to storage and calibration records, and analyze how the machine was used in your case so that you can point out any errors that will support your defense.
- Showing that the police conducted an illegal traffic stop: A lot of DUI arrests are conducted after a traffic stop. But if the traffic stop was illegally conducted because the police lacked reasonable suspicion that you’ve committed a crime, then any subsequently gathered evidence is considered fruit of the poisonous tree. In these instances, then, you can block otherwise incriminating evidence from being used against you.
- Demonstrating filed sobriety test errors: Field sobriety tests are used to determine if you’re exhibiting signs of intoxication. The results of these tests are then used to justify a breath or blood test and an arrest. But all too often these tests are improperly carried out. The police office conducting them can give poor instructions, and your performance on the test may be misinterpreted in light of the condition of the ground or your medical condition. If you highlight these issues, then you might be able to minimize the impact of field sobriety test results in your case.
- Pointing out chain of custody errors: When the police take blood from you for purposes of testing it for alcohol content, they have to ensure that the sample isn’t compromised from the time it’s collected until the time that it’s tested. If you can show that it was improperly stored or transported, then you might be able to raise concerns about the blood test result’s reliability.
Put forth the best criminal defense possible in your case
If you want to fight back against the prosecution, then you have to present an aggressive criminal defense. Failing to do so will leave you susceptible to conviction and the harsh penalties associated with it.
So, even if a plea deal looks likely in your case based on the evidence at hand, you shouldn’t accept anything until you’ve thoroughly vetted your defense options. After all, there might be one that allows you to escape conviction altogether.