Charges of Driving Under the Influence (DUI) represent major offenses that can result in heavy fines alongside suspended licenses or lead to prison sentences. A person who receives DUI charges may not necessarily become guilty.
Defendants learn to fight their charged offenses with practical help from an experienced DUI defense lawyer such as Bryan Kazarian, who might help eliminate or minimize official legal actions.
In this following section, we will explore strategic legal defenses that prove beneficial for DUI cases.
Questioning the Traffic Stop
The legal battle against a DUI case begins by examining whether the initial traffic stop becomes valid. A police officer needs valid grounds of suspicion before detaining drivers, yet a reasonable stop requires evidence of inappropriate vehicle operation, physical impairment, or multiple traffic violations. Unlawful stops normally enable evidence suppression, which weakens the prosecution against the defendant.
Questioning Field Sobriety Tests
Field sobriety tests commonly serve as police officers’ primary method of establishing probable cause for taking a suspect into custody. Multiple field sobriety tests become unreliable when administered under selected circumstances. A defendant’s medical records sometimes create doubts about the accuracy of impairment assessment methods, including those mentioned previously.
Breathalyzer Results Under Scrutiny
The standard use of Breathalyzer devices exists in most drunk-driving criminal cases, yet they may produce unreliable readings. Breathalyzer results suffer from inaccurate readings due to instrument errors, operator mistakes, or medical conditions like acid reflux.
The defense can also obtain records of maintenance and calibration of the device used and review the arresting officer’s training for procedural errors.
Blood Test Protocols
Generally speaking, blood tests are far more accurate compared to breath tests. However, the processes in place are pretty strict. A sample that has not been taken with due chain of custody and /or analyzed reasonably quickly, possibly leading to changes in its chemistry, will often be tainted or otherwise challenged successfully. A compelling argument may be invalidated when this line of proof has even a single broken link in the well-settled chain.
Establishing the Increase in Blood Alcohol Levels
The standard digestion process for alcohol means BAC levels can continue to increase over a specific time period, even after drinking has ceased. For example, the defense attorney may argue that while the defendant’s BAC was above the legal limit when he was tested, it was below the legal limit when he drove. This is referred to as a “rising BAC” argument and, if raised, may be sufficient to create reasonable doubt.
Consciousness of Guilt
Not all signs of impairment are indicative of alcohol or drug consumption. Fatigue, illness, and even anxiety during a traffic stop can all give appearances of intoxication.
Courts will find the production of alternative interpretations that challenge the prosecution case more effective.
Final Thoughts
You face serious DUI charges, yet you have a chance to defeat them. Developing defense plans matching each case’s details creates significant advantages for defendants. Law professionals operate several defense strategies to protect their clients, starting with traffic stop challenges through analysis of evidence procedures. Changes involving DUI offenses require professional counsel to defend your rights while obtaining favorable results.
