Not every DUI charge needs to lead to irreparable consequences, especially if you seek legal counsel from a DUI lawyer as soon as possible. The longer you wait, the harder it will be to build a strong case in your defense.
However, with an experienced DUI attorney on your side, there are a few strategies we can implement to address charges against you that may help reduce or eliminate certain sentences. While we cannot guarantee reduced charges, the following are some possible ways we may begin fighting for your case.
1. Suppress Statements that Implicate Guilt
In some cases, a law enforcement officer may fail to tell you your Miranda rights (i.e., “You have the right to remain silent…”). If that happens, then anything you say may become inadmissible if our DUI lawyer moves to suppress statements. This includes anything you say that admits guilt, acknowledges how many drinks you had, or otherwise strongly implies that you were driving under the influence.
2. Challenge Probable Cause
A police officer can legally only pull you over if they have a reasonable basis or probable cause to do so. This means that the police observed a traffic violation, such as speeding, changing lanes without signaling, irratic driving, driving below the posted speed, driving without a seat belt, or the officer determines the person’s license is suspended or revoked. These factors, in addition to observations that support an officers believe that an individual is driving while intoxicated or impared by alcohol or drugs.
Keep in mind, though, that an officer may also pull you over for violating traffic laws. They also can check your vehicle if you were involved in an accident. But if our DUI attorney can prove against any of these reasons for a search and seizure, accusatory evidence may be taken off the record.
3. Other Improper Detainment Proceedings
Additional evidence can be dismissed, if the arresting officer fails to file a proper procedure or violated an individuals constitutional rights. Police reports must accurately reflect proper protocal regarding the administration of field tests as well as procedural requirements for admistrating a blood alcohol test. Falure to properly adminster any of these tests may lead to a succesful leagal chalenge that can result in the charges being reduced or dismissed.
4. Questioning Sobriety and Chemical Testing
The nature of field sobriety tests and chemical testing leaves room for human error. Chemical tests (breath or blood alcohol level tests, urinalysis, etc.) might not be administered in the necessary time frame for accurate results. Field sobriety tests (walk and turn test, horizontal gaze test, and the one leg stand test, etc.) might be administered incorrectly by the arresting. Further an officers observations regarding a driver’s performance on these field tests can be subjective and interpreted differenty by a judge or jury.
In these and other cases, these test resulst could be suppressed (inadmisable). Without this evidence, a prosecutor will have a difficult time proving that a driver was intoxicated. (Read which tests you can and can’t refuse upon arrest here.)
5. Underlying Medical Conditions
Certain medical conditions can affect a driver’s ability to drive, making it appear as though they were intoxicated when they weren’t. Other conditions such as acid reflux and heartburn can influence breath alcohol level tests. If you have a medical condition that may have affected testing or other evidence, it could be challenged and suppressed.
6. Challenge the Legitimacy of Evidence
In the case of video evidence or witness testimonials, there may be a gray area for interpretation. A DUI attorney can address evidence and how it may not actually implicate guilt. Your behavior towards an officer that led him to believe you were driving under the influence may have been the result of outside causes. What one witness may assume is clear evidence of guilt can be reevaluated and argued against in a different light to challenge its legitimacy.
7. Other Reasons for Dismissal
So much can go wrong when preparing for legal proceedings that in many situations there is room for an entire dismissal of your DUI case. The time period for your right to a speedy trial may have passed, a prosecutor or officer may not have filed reports correctly, a key witness may not arrive to trial on time, and so on. An experienced DUI lawyer can find those weaknesses in the prosecution that can give your case a chance for a reduced charge or sentence and/or a dismissal of the charges.
Talk with a DUI Lawyer
If enough evidence against you can be suppressed, your case wil substanialy weakend making it difficult to receive a conviction. Please note that this is not always possible, but our DUI attorney will do all that he can to ensure a fair trial for you. Reach out to him in Ocean City, MD for a free consultation on your case.