What Are Your Potential DUI Defense Options?

A DUI conviction has implications beyond fines and possible jail time. You could lose your license or see your insurance rates skyrocket. Consequently, people often will ask a DUI lawyer what their defense options might be. Folks facing DUI charges often try at least one of these four approaches.

Questioning the Traffic Stop

The police don't have the right to stop drivers without some kind of rhyme or reason. Even if they're conducting a DUI checkpoint, the cops have to follow state guidelines regarding how they select drivers for checks. Likewise, a traffic stop on an open road requires some kind of justification. If the cops can't show video evidence of a possible DUI in progress, such as repeatedly crossing the yellow line, then they can't assert in court that they had cause to stop you.

A DUI defense lawyer will also look at how the police might have handled the field sobriety test. If there are videos from body or dash cameras, your attorney will seek discovery of the footage. Any missteps by the cops in administering the field test will support an argument to dismiss the case.

Legal Pharmaceutical Usage

In some cases, a driver may legally use pharmaceuticals that could cause them to fail a DUI test. A DUI lawyer would need to get a copy of the prescription from your doctor to support the argument. As long as you're using the drugs in question legally and within guidelines, your attorney can ask the judge to dismiss or reduce the charges.

Equipment Issues

The police rely on lots of equipment to conduct traffic stops and perform blood-alcohol testing. Not all of this technology works perfectly. You have the right to know the makes, models, and serial numbers of all devices used in a traffic stop. This includes the radar gun and the breath analysis machine. Your DUI lawyer can also demand the maintenance logs for each device.

Frequently, an attorney will look for patterns of problems. If there are any recalls on the devices, your lawyer will tell the judge. Likewise, counsel will raise questions about a device that shows up in an unusually high number of other DUI cases.

Negotiated Plea

Finally, you might consider a negotiated plea. For example, a prosecutor might offer a suspended sentence in exchange for you pleading guilty and undergoing drug and alcohol counseling. There might also be a guilty plea to a lesser charge, such as reckless driving or failing to obey a traffic control device. Generally, this option is most viable for individuals who don't have recent histories of DUI convictions.

For more information, contact a DUI lawyer.


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