Have you been charged with driving under the influence (DUI)? Facing criminal charges can cause a great deal of stress and anxiety in your life. But remember, a charge does not equal an automatic conviction. There are several DUI defense strategies that an attorney may be able to use to fight the charges against you. Here are some of the most common ones:
You were illegally stopped by the police.
Police officers do not have the right to pull over just anyone. In order to stop someone, a police officer must have a reasonable suspicious that the person is engaging in criminal activity. If you were not driving erratically or recklessly at the time you were pulled over, you may be able to challenge whether the police officer had the legal right to stop you. If you can prove that the officer did not have reasonable suspicion, any evidence that he collected during the stop would not be admissible in court.
Voluntary field sobriety test observations were inaccurate.
The police officer who pulls you over may ask you to step out of your vehicle and perform several “voluntary” field sobriety tests. Your performance during these tests could be used against you to prove that you were intoxicated at the time of the traffic stop. Do not agree to perform “voluntary roadside maneuvers. But, it’s possible that a defense attorney could argue that the police officer’s observations were inaccurate. For example, if you were asked to perform a field sobriety test while wearing high heels, you may not perform well because of your shoes. If you stumble or fall, the police officer may believe you are intoxicated instead of taking your footwear into consideration. A defense attorney may be able to poke holes in the police officer’s account of what happened using this strategy.
The breathalyzer test was not administered properly.
It’s common for a defense attorney to challenge the results of the breathalyzer test to challenge DUI charges. Police officers are required to follow certain procedures when administering the breathalyzer to drivers, and if they fail to do, the results of the test could be thrown out of court. For example, police officers are supposed to watch a driver for 20 minutes prior to administering the test to ensure he does not burp, vomit, or consume anything that could affect the results of the test, such as mints or mouthwash. If the police officer does not do this, your attorney may be able to argue that the results were inaccurate.
Are you facing DUI charges? If so, contact Reisch Law Firm today. Our experienced attorneys will thoroughly review the details of your case to determine the best way to defend you against these charges. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.
