Driving under the influence is a serious offense. If you ever find yourself facing such charges, it is helpful to understand how to defend yourself.
There are several strategies you can take when fighting a DUI charge.
Understand your rights
Your rights play a fundamental role in any legal situation, including DUI cases. You must be aware of your right to remain silent and refuse field sobriety tests. In some places, refusing a sobriety test might lead to an automatic license suspension, but it is still important to know your rights.
Challenge the traffic stop
DUI cases often begin with a traffic stop. To fight a DUI charge, you can challenge the validity of the stop. Law enforcement officers must have a legitimate reason to pull you over, such as a traffic violation. If there was no justifiable reason for the stop, it could weaken the case against you.
Question field sobriety tests
Field sobriety tests assess a driver’s impairment. However, these tests are not always accurate. You can question the circumstances surrounding these tests, such as the conditions when you performed the tests and the officer’s training in administering them.
Dispute test results
Officers commonly use sobriety tests to measure a driver’s blood alcohol content. These tests are not infallible and can produce inaccurate results. You can challenge the accuracy of the test by questioning its maintenance, calibration and the qualifications of the person administering the test.
Gather witness testimonies
Collecting witness testimonies can be a valuable strategy in your defense. Eyewitnesses, if available, can provide an alternative perspective on the events leading up to your DUI arrest, potentially creating doubt about the charges against you.
Seek expert witnesses
Expert witnesses, such as toxicologists or forensic experts, can provide scientific evidence to challenge the prosecution’s case. They can analyze the evidence and testify in your favor, highlighting potential errors or inaccuracies in the prosecution’s case.
Approximately 10 to 20 percent of DUI cases are ultimately dropped, but you must be proactive when fighting a DUI charge. Know your rights and prepare yourself to do what you must to fight a charge like this.