If you've been charged with DUI, you may be wondering what your options are. There are a number of possible defenses against DUI charges, and the best option for you will depend on the facts of your case. An experienced DUI attorney can help you evaluate your options and choose the best defense strategy for your situation.
Common Defenses for DUI Charges in California
When an individual is facing DUI charges, they may be feeling overwhelmed or uncertain of what steps to take next. Fortunately, there are several defense strategies that can be used depending on the unique circumstances of a person’s case. With the right attorney and proper research, individuals can increase their chance of a successful outcome by arguing that the evidence was obtained unlawfully or providing alternative explanations or mitigating facts.
The legal landscape surrounding this matter has many nuances and complexities, so those facing DUI charges should explore their available options immediately to ensure they receive just treatment under the law. The following are a few of the most common defenses that can be used to fight DUI charges, depending on the circumstances:
- One common defense is that the police officer did not have probable cause to stop the driver. When criminal proceedings begin, defendants may use a variety of defenses to prove their innocence or to reduce the charges against them. One commonly used defense is an argument that the police officer did not have probable cause to stop the driver in question. This can be argued by way of showing that there was no real evidence or reasonable suspicion that crimes were being committed. The individual in question must have evidence to support their argument, such as audio and video recordings of the interaction with law enforcement, or witness testimony that supports their defense. In courts of law, showing a lack of probable cause can go a long way to exonerating an accused person of wrongdoing.
- Another defense is that the field sobriety tests were administered incorrectly or interpreted incorrectly. The argument has been made before in defense of DUI cases that the field sobriety tests were either administered or interpreted incorrectly. This tactic typically requires an expert witness to observe how the officer administered the field test, often with video evidence, and to compare it to the approved methods used for administering such tests. It is not uncommon for members of law enforcement to fail to follow protocol when providing a field sobriety test, which can provide grounds for proving a false interpretation of field sobriety test results claim. Those facing DUI charges have had success using this line of reasoning in court before and may do so again if they have reason to believe their case centers around incorrect application or misinterpretation of a field sobriety test.
- If there was no chemical test administered, it may be possible to argue that there was no evidence that the driver was actually impaired. It is essential to consider the circumstances of an impaired driving case if there is no chemical test administered to determine whether a conviction can be made. It is possible that without a chemical test, it could be argued that there is not enough evidence to make such a determination. A skilled attorney may explore possible defenses, such as lack of probable cause or examining how the traffic stop was conducted. At times, witness testimony may also help bolster an argument on the behalf of the accused driver, making the lack of test results irrelevant. Ultimately, determining a fair and just outcome for any impaired driving case relies on making sure all available evidence is considered.
An Experienced DUI Defense Attorney Will Know What Defenses Are Available and How to Best Use Them
When facing a DUI charge, having an experienced attorney on your side can be the difference between a successful and unsuccessful outcome. An experienced DUI defense attorney knows what defenses are available to build a strong case in court. They will assess the facts prior to appearing in court with the client, knowing how best to use them to achieve the most favorable outcome given their circumstances. This may include reviewing evidence, such as field sobriety tests and breathalyzer readings, or negotiating a plea bargain if necessary. Expertise is key with this kind of case and having an attorney knowledgeable in this area can be essential.
Facing DUI charges in California? Let The Law Office of Brian C. Andritch help you fight the charges and secure the most favorable outcome possible for your situation. This can include helping you get your charges reduced or dismissed.
Give us a call at (559) 484-2112 or contact us online today for a free, no-obligation consultation with our experienced DUI defense attorney in Fresno.