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Legal Defense Strategies Used by DUI Attorneys

Legal Defense Strategies Used by DUI Attorneys
DUI Attorneys are experienced professionals who understand the importance of providing their clients with the best possible defense options. They know that there are many different legal defense strategies that can be used to protect their clients from conviction. From finding flaws in the evidence to using pertinent case precedents to discovering mitigating factors that may help reduce the penalties, the right DUI attorney can make all the difference in a persons case.

Attorneys look for any possible angles to help their client. A skilled DUI attorney will review the facts surrounding the case, focusing in on any potential opportunity to find reasonable doubt. This includes validating the protocols followed by the arresting officer to ensure accuracy was upheld. Additionally, field sobriety tests can be called into question if they weren’t administered correctly. Errors in breathalyzer or blood tests may also prove beneficial to the defendant.

Aside from finding flaws in the prosecutions evidence, a successful DUI attorney may be able to get the charge reduced or dismissed by citing mitigating factors such as the defendants lack of history of DUI offenses or the officer’s lack of probable cause for the arrest. In addition, an attorney may be able to introduce evidence of extenuating circumstances. Providing evidence of the defendant’s voluntary participation in alcohol rehabilitation classes or having a valid prescription for medication that may have influenced their Blood Alcohol Level can influence the outcome of the case.

Attorneys may also draw attention to negligence on the level of the prosecutor. Failing to comply with mandatory disclosure policies or ignoring requests for exculpatory evidence can be used against the prosecutor. Burning the midnight oil to stay ahead of the competition, attorneys pour over every detail of the case to arrive at the best legal defense strategies for their client.

Citing relevant court precedents is one of the best defense strategies a DUI attorney can use. Attorneys always take into account the specific details of the case before citing prior legal cases to make comparisons. This is important because an attorney can cite similar cases to point out the inconsistencies between the defendants case and the outcome of other cases. Using this strategy, counsel can demonstrate that the defendant may not be at risk of the same penalties as others have faced in similar cases.

The strategy chosen by a DUI attorney is key to the success or failure of a case. The work behind the scenes to uncover any favorable details to build a solid defense is an investigative process that requires a thorough understanding of the law. Experienced attorneys know that even the smallest details can have an enormous impact on the outcome of the case and can make the difference between incarceration and acquittal.

Furthermore, having a good lawyer means having access to experts such as toxicologists, forensic scientists and medical doctors, who can review the evidence against a defendant. When it comes to building a strong defense, an attorneys choice of experts can have a significant impact on the way a judge and jury perceive the case. With the right legal defense strategies in place, an experienced DUI attorney can be a formidable opponent to prosecution in the courtroom.

In addition to the points made above, some other legal defense strategies used by DUI attorneys are filing a motion to suppress, motion to dismiss, changing the burden of proof, and submission of an Alford plea. Filing a motion to suppress involves challenging the legality of the traffic stop and other events that may have taken place until the arrest was made. A motion to dismiss means that a lawyer may be able to file documents asking the judge to legally dismiss the case without going to trial. Alford plea is a plea agreement where the defendant pleads guilty in spite of alleging innocence. Lastly, changing the burden of proof may help the attorney get the DUI charge reduced or dismissed. By changing the burden of proof, the attorney may be able to demonstrate that the police lacked probable cause during the arrest.

Another aspect of legal defense used by DUI attorneys is attacking the credibility of the prosecution witnesses. Attorneys may do this by cross-examining witnesses in order to expose any mistakes they may have made while providing evidence. In addition, attorneys may be able to question the reliability of any evidence presented by witnesses that may have been misconstrued or misinterpreted. Furthermore, attorneys may be able to point out any conflicting accounts that have been provided by prosecution witnesses.

Lastly, a DUI attorney may use a plea bargain to negotiate a reduced charge. A plea bargain involves an agreement between the prosecutor and the defendant wherein the defendant agrees to plead guilty usually in exchange for a lighter sentence and reduced charges. The attorney facilitating the plea bargain should be well aware of the prosecutions preferences and its implications. This strategy can be risky, as the sentence is generally uncontrollable and the outcome is not always beneficial to the client.