Five Defenses That Attorneys Use in DUI Cases
When your attorney is deciding which defenses might apply to your DUI case, he/she will investigate and look at all the evidence produced by the police and interview witnesses. There are a number of defenses that can be raised in a drunk driving case. Five of the more common DUI defenses include:
1. Behavioral defenses - An officer may testify that you had slurred speech, your eyes were bloodshot, and you were stumbling as you performed a field sobriety test. However, there may be other reasons for this behavior such as lack of sleep, stress, medications or food that you've taken.
2. Probable cause - If it can be proven that law enforcement had no justifiable reason for the traffic stop, your lawyer may request a suppression hearing. If the judge decides that the officer didn't have a legitimate reason for pulling you over, the case will be thrown out.
3. Breath test defense - There are often errors with breath analyzing machines, which can show false readings that are significantly higher than the driver's true BAC. These false readings could be due to any health issues you may have or law enforcement's failure to properly maintain the machine. There exists a wide range of potential problems with blood, breath, or urine testing.
4. Field sobriety test defense - These types of tests such as Horizontal Gaze Nystagmus Test, The Walk and Turn Test, or the The One Leg Stand Test cannot accurately identify a blood alcohol concentration of.08 percent beyond 70 percent of the time. This type of "evidence" will not support a finding of guilt beyond a reasonable doubt.
5. Miranda Rights not read - Incriminating statements may be thrown out of the case if warnings were not given at the appropriate time.
If you feel that any of these defenses apply to you, it may beneficial to hire an experienced DUI defense attorney.
1. Behavioral defenses - An officer may testify that you had slurred speech, your eyes were bloodshot, and you were stumbling as you performed a field sobriety test. However, there may be other reasons for this behavior such as lack of sleep, stress, medications or food that you've taken.
2. Probable cause - If it can be proven that law enforcement had no justifiable reason for the traffic stop, your lawyer may request a suppression hearing. If the judge decides that the officer didn't have a legitimate reason for pulling you over, the case will be thrown out.
3. Breath test defense - There are often errors with breath analyzing machines, which can show false readings that are significantly higher than the driver's true BAC. These false readings could be due to any health issues you may have or law enforcement's failure to properly maintain the machine. There exists a wide range of potential problems with blood, breath, or urine testing.
4. Field sobriety test defense - These types of tests such as Horizontal Gaze Nystagmus Test, The Walk and Turn Test, or the The One Leg Stand Test cannot accurately identify a blood alcohol concentration of.08 percent beyond 70 percent of the time. This type of "evidence" will not support a finding of guilt beyond a reasonable doubt.
5. Miranda Rights not read - Incriminating statements may be thrown out of the case if warnings were not given at the appropriate time.
If you feel that any of these defenses apply to you, it may beneficial to hire an experienced DUI defense attorney.
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