3 Defenses For DUI Cases
Jun 20, 2018
If you've been charged with a DUI, there are defense alternatives available to you. It is more common to safeguard against a drunken driving charge by assaulting the officer's observations of what occurred before the detention or scrutinizing the trustworthiness of the test, for example, the precision of the breathalyzer test. The DUI laws vary from one state then to the next, and each case has unique facts, so it is best to counsel with a Drunk Driving Attorney.
Common Defenses for DUI Charges:
Unlawful Detention: This is one of the most commonly utilized by defense lawyers in DUI cases and includes the claim that the officer did not have reasonable justification to stop the vehicle.
Administration/Accuracy of the field sobriety test: The horizontal gaze nystagmus test, or field sobriety test, has been highly criticized and major errors in the testing methodology and analysis found. Other tests, such as the one leg stand and walk and turn test, may be attacked on how the officer administered the test and whether he accurately scored the tests. The accuracy of those tests can also be challenged based on a variety of factors, such as the age of the person performing the test, whether there was a recent accident, uneven ground where the test was conducted, etc. Additional tests, such as the Rhomberg test or modified position of attention test, finger count, or hand-pat test are non standardized tests and have not scientific legitimacy.
Administration/Accuracy of the Breathalyzer: The lawyer may scrutinize the administration of the breathalyzer test performed at the scene of the infraction. Or were there compelling factors, for example, retching or acid reflux. Furthermore, the defense may address whether the gadget with which the test was performed was legitimately calibrated or maintained.
Other Common Defenses:
The defendant was not the driver: You can address whether the individual with the DUI allegation was driving. Maybe the passenger changed spots with the driver yet failed the field sobriety or breathalyzer test.
Failure to perform a medically acceptable blood draw: Older and recent cases, such as Schmerber v. California and People v. Cuevas have opened the door to challenging the blood draw and whether the test was done in a medically approved manner. Additional cases, allow a knowledgeable DUI defense attorney to challenge the consent provided for the blood draw as well.
Counsel a Specialized DUI Attorney
In the event that you or a relative is arrested for DUI, you should contact a DUI lawyer immediately. A lawyer who has practical experience in defending DUI accusations will assess all evidence to ensure that your rights are protected. What's more, it is essential to talk with a lawyer who is knowledgeable in the the legal system in your geographic area.
Contact us today if you need representation with your Fresno DUI case to schedule a free consultation. We have both extensive jury trial experience handling DUI cases and Appellate experience. Mr. Mitchell has worked with one of the largest DUI firms in California as an "of counsel" attorney. In addition, he has handled in excess of 1,000 DUI and DMV cases.
Michael Mitchell is a Fresno attorney who practices in the areas of DUI, personal injury & criminal law. Visit his Google+ profile.