DUI Defense Tactics Commonly Used by Attorneys
Common Defense Tactics Used by DUI Lawyers
Lawyers are experienced professionals who know how to defend their clients in a court of law and present DUI defense tactics that can have the case thrown out or charges reduced. Their primary goal is to protect the rights of those accused of DUI and help them get the best possible outcome from their case. To do this, they use various DUI defense tactics proven effective in past cases.
Challenging the Testing
One common defense tactic used by DUI lawyers is to challenge the accuracy of a breathalyzer or other sobriety test. A lawyer may question the validity of the test results based on any potential discrepancies in administering or storing the sample, as well as citing research that suggests certain types of tests are unreliable. In addition, lawyers can also argue that there were mitigating factors such as medication or illness that could have impacted the test results.
Challenging the Laws
Other common DUI defense tactics lawyers use is challenging the constitutionality of specific laws surrounding drunk driving. This may involve contests related to roadblocks, warrantless searches and seizures, or other constitutional issues. Sometimes, a lawyer may even claim their client was pulled over for racial profiling or other discriminatory reasons.
Suspect Had No Opportunity to Consult With a Lawyer
The DUI defense tactics may be used when a lawyer believes their client was not given an opportunity to contact an attorney before being questioned by police. If this is the case, the lawyer may attempt to have any statements or evidence obtained from the questioning suppressed in court.
Illegal Search and Seizure as a DUI Defense
In some cases, DUI defendants may use illegal search and seizure as a defense against the charges. This means that if the police searched or seized evidence without proper cause or authorization, it may be inadmissible in court. Generally speaking, police officers must have probable cause to believe that they will find evidence of a crime before they can legally search or seize a person’s vehicle. If the police officer did not have probable cause and conducted a search anyway, any evidence obtained during that search may be thrown out of court.
This means that if there is certain key evidence against a DUI defendant like Breathalyzer test results or blood alcohol tests that were taken without proper authorization, it may be inadmissible. The defendant could potentially get off on those grounds.
Exceptions to Illegal Search and Seizure
It is important to note, however, that this defense does not apply to all searches and seizures. Certain exceptions allow police officers to conduct a search without having probable cause. For instance, if an officer witnesses a suspected DUI driver violating a law, he or she may be able to conduct a search without having probable cause. In addition, if you consent to a search, the evidence obtained during that search will likely not be thrown out of court on illegal search and seizure grounds.
Finally, DUI lawyers may also challenge the evidence presented in court by police officers and witnesses. This could include cross-examining any witness statements, disputing the accuracy of police reports, or exposing any potential discrepancies in a sobriety test that was conducted at the scene. In addition, they may attempt to discredit the credibility of any police officers present during their client’s arrest. Using these tactics, DUI lawyers can often successfully challenge the evidence presented in court and protect their clients’ rights.
The Travis Law Firm – DUI Defense Lawyers
If you are arrested for DUI, you have the right to be represented by an attorney. During this difficult time, we at the Travis Law Firm stand by our clients. Call us at (814) 277-2222 or contact us online to schedule a free case review. You can count on our attorneys throughout the entire process.