Defending DUI Charges: What You Need to Know
Facing a DUI charge can be an incredibly stressful and frightening experience. As a defense lawyer who regularly represents clients facing these allegations, I completely understand the waves of anxiety and fear that accompany finding yourself in this situation. My goal in this article is to provide anyone facing DUI allegations with a thorough yet digestible overview of the defense process – equipping you with knowledge to make informed decisions while reassuring you that there are options and support available.
Let’s start at the beginning – what constitutes a DUI charge? DUI stands for “driving under the influence” and generally refers to operating a vehicle while impaired by alcohol or drugs. The legal limit for blood alcohol concentration (BAC) is 0.08% in most states. So if you’re arrested with a BAC at or above 0.08, you’ll likely be charged with a standard DUI. There are also specialized DUI offenses targeting commercial drivers, drivers under 21 and using other intoxicating substances. The key is that prosecutors must prove impairment and intoxication to secure a DUI conviction.
When you’re stopped on suspicion of DUI, the arresting officer will typically conduct a field sobriety test and request you take a preliminary breath test before placing you under arrest. At the police station, you’ll be asked to take an official breath or blood test to determine your BAC. You’re within your rights to refuse this chemical testing, but most states impose additional penalties like license suspension for test refusal. My advice is to be cooperative and respectful throughout any questioning and testing procedures. But don’t volunteer extra information or submit to unofficial tests.
Once you’re charged, it’s vital that you retain defense counsel experienced in DUI cases. As a DUI lawyer, I regularly leverage procedural errors or lack of evidence to achieve charge reductions or dismissals for clients prior to trial. For cases that do go to trial, there are also several avenues available for mounting a vigorous legal defense:
Attacking Chemical Test Results
The reliability of blood, breath and urine testing can often be called into question. We look closely at factors like:
- Proper administration of chemical tests
- Calibration and maintenance of testing equipment
- Timing between arrest and BAC testing
- Your health conditions and medication use
Challenging Stop & Arrest Procedures
There are strict constitutional limitations around vehicle stops, detainment and arrest. As your attorney, I’ll evaluate if due process was followed by:
- Assessing reasonability of traffic stop
- Reviewing dash cam footage for procedural violations
- Determining if field sobriety tests were conducted properly
Presenting Evidence Regarding Impairment
BAC numbers don’t tell the whole story when it comes to actual impairment. We build cases around:
- Your driving patterns not showing signs of impairment
- Witness statements about your coordination and demeanor
- Context like fatigue, medications or medical conditions causing appearance of intoxication
Sentence Mitigation
If convicted, I’ll advocate for the minimum penalties by presenting evidence regarding:
- Lack of criminal history
- Strong employment and community ties
- Participation in counseling and education programs
- Hardships your family will face from loss of driving/jail time
Alternative Programs
Many clients prefer to avoid harsh DUI penalties by applying to diversion programs, which upon completion results in dismissed charges. Common programs include:
- First offender probation
- Community service requirements
- Extensive DUI education and treatment courses
The bottom line is there are always strategic options to pursue in fighting DUI allegations and minimizing consequences. And having an experienced DUI defense lawyer in your corner from the very start is critical. I know these cases inside out; from navigating complex regulations across counties to securing fair plea bargains from prosecutors I’ve worked alongside for years.
My approach always starts with fully understanding your side of the story during a free case evaluation. I’ll ask questions about what led up to the traffic stop, how field tests were conducted, your history with alcohol, and any extenuating life circumstances. My job is not to judge you for mistakes made, but to be your zealous legal advocate.
I hope this overview has provided some guidance on the DUI defense process while reassuring you that skilled representation can make a monumental difference in these cases. My firm has successfully defended thousands of DUI charges over decades. If you or a loved one are facing allegations, don’t hesitate to leverage our experience to your benefit as well. Reach out today to schedule your free consultation – let’s talk about how we can fight this together.