If you find yourself with a DUI charge hanging over your head, there is no time to waste in putting together a strong legal defense. DUI charges carry serious consequences that may follow you throughout your life. It is important for you to consider the immediate and long-term impact. Though you may still have yet to decide if you want to plead guilty, accept a plea bargain or take your case to trial, you should begin to do everything legally possible to try to mitigate your situation.
The circumstances that lead to up to your DUI arrest and the strength of your defense team will have a significant impact on the outcome of your case. Here are a few possible DUI defense strategies you may want to consider.
Field sobriety test results and breath test results are often used as evidence to convict people of DUIs. Failing these tests do not necessarily mean you are guilty. There are several issues that can call into question their accuracy, such as improperly calibrated equipment, lack of proper test administration and certain medical conditions, such as diabetes.
Lack of proper protocol
Law enforcement must follow protocol when performing traffic and DUI stops and apprehending potentially inebriated persons. This includes having valid probable cause, reading Miranda rights and following the appropriate procedures for arrest.
Plea down to a lesser charge
If this is your first time facing a DUI charge, a good defense option may be to try to get a lesser charge, such as reckless driving. This will allow you to keep a DUI conviction off your criminal record, avoid the long-term consequences that come from having a driving while under the influence conviction and enable you to avoid a jail sentence and harsh fines, and possibly keep your driving privileges.