3 Ways in Which Your Attorney Can Present Your DUI Defense
Aug 18, 2021
There are many ways in which an attorney can present a DUI defense, depending on the circumstances under which the person was arrested. Of course, there are many factors which determine whether a person will be convicted of driving under the influence. There are various things which the arresting officer will note in their report, and these may be used to determine whether the person was driving under the influence of alcohol.
1. How Well Was the Person Driving? It is assumed that someone who is sober will be a better driver than someone who is drunk. So the officer looks for people who are driving erratically, failing to make complete stops, or just appears inattentive. Of course, most poor driving is not attributable to being under the influence. Maybe they're in an emotional state or maybe they got distracted by something which made them swerve. This could be one of the defenses used in your case.
2. Visual/Olfactory Signs of Drinking: Another thing that police officers are looking for are visual and olfactory signs that a person has been drinking. For example, if the person has red eyes and a flushed face, that could be because they have been drinking. In addition, they may have the smell of alcohol on their breath and they might walk in an unsteady manner. However, your attorney can argue that red eyes and a flushed complexion can be caused by allergies or exercise. Plus, the smell of alcohol in the mouth may linger long after it's gone from your bloodstream.
3. Did They Pass the Field Sobriety Tests? Another thing that police officers are told to do is give field sobriety tests such as the Horizontal Nystagmus test (following a pen or some other object with your eyes as it is moved from side to side), the Walk and Turn test (walking in a straight line, turning and walking back) and the self-explanatory One-Leg stand. Ideally, the person should be able to pass all these tests. However, there could be several factors that would prohibit a person from getting a perfect score on these tests.
For instance, twitching eyes or nystagmus, could be attributable to caffeine or perhaps a medical condition. Failing to stand on one foot, could be the result of poor coordination, a bad knee, arthritis, difficult footwear, etc. Not maintaining heel to toe, could be the result of dark conditions, wind or icy conditions. In addition, older people typically do not do as well on balancing and physical tests.
In addition, were the tests administered properly. DUI Defense Attorney, Michael Mitchell, has been trained as an instructor in these tests. He can utilize that knowledge to pinpoint exactly what was done incorrectly on the tests.
There are a multitude of different defenses that can be utilized to attack field sobriety tests. Contact us to learn more of the ways in which you can fight a DUI charge.
Michael Mitchell is a Fresno attorney who practices in the areas of DUI, personal injury & criminal law. Visit his Google+ profile.