Driving under the influence has the potential to impact numerous lives, so it’s not surprising that law enforcement uses multiple tactics to charge those they suspect of being inebriated behind the wheel. Even if you weren’t under the influence and are eventually found not guilty, you can still find yourself spending a lot of money fighting a DUI charge in court.
With the help of a DUI attorney, you can ensure that your trial is just and fair with unique criminal defense strategies that can prove your innocence or minimize potential punishments should you be found guilty. If you’re wondering just what tools a DUI lawyer has at their disposal, here are just a few.
1. The Constitutional Defense
One of the most tried and true defenses used by criminal defense attorneys is the constitutional defense. This is where your defense attorney argues that the arresting officer violated your constitutional rights at some point during the arrest. This creates a broad range of arguments for your defense, but even one violation can prove powerful to your defense strategy.
Unfortunately, this does require you to have a detailed memory of what happened during the stop and arrest. This can be difficult given how stressful and unexpected the event is. The arresting officer is likely to use their authority and station to attempt to discredit your testimony. As soon as you can, write down the events as you remember them in as fine detail as possible. Your DWI lawyer can go over the list to find any potential violation of your constitutional rights.
2. Challenging A Chemical Test
Chemical tests, like the breath alcohol concentration test (or BAC), are used to detect specific substances in your body and determine how much is present. Police use target numbers to determine if you are within the legal limit or over. While there are several tests a law enforcement officer may conduct to determine intoxication, those that produce measurable results like BAC are often more important in proving guilt.
Some medical conditions can create an inflated number and call the results into question. An experienced attorney can also draw attention to known inaccuracies with the equipment used or an officer’s poor training or improper procedure.
There’s nothing preventing state prosecutors from bringing up charges on low breath readings, but doing so doesn’t mean the defendant is guilty, nor does it mean they have a strong case. However, if your lawyer doesn’t have experience in DUI cases, they may lack the knowledge to make a case for your innocence adequately in such circumstances.
3. Challenging the Stop Itself
Short of catching you using illicit substances while you’re behind the wheel, there’s no way for a police officer to tell you’re intoxicated just by looking at you. Instead, they will notice unusual aspects of your driving or behavior to stop you.
They may even use problems with your car, like expired tags or malfunctioning light, to stop you and use that as a reason to give you field sobriety tests. While these tactics may seem underhanded, they are legal so long as the officer has a valid reason to stop you.
Much like a constitutional defense, challenging a stop can rely on proving that the officer violated your rights during the procedure. In DWI defense, the focus is usually on unlawful search and seizure, but it doesn’t have to be.
Additionally, If you can prove that the arresting officer did not have reason to stop you or that their stated reason wasn’t true, it could prove your innocence. For example, if they stopped you for expired tags but you can prove that your tags were current at the time, it could bring everything else into question.
A less common case is in being punished for refusing to take a breath test. While many states allow for an arrest based on refusing a breathalyzer, Maryland isn’t one of them. If an officer lies to you about this or any other part of the procedure, your attorney has more material to build a good defense.
4. Probation Before Judgment
This isn’t a defense strategy so much as it is a way to reduce the consequences of a DUI charge. In essence, some offenders can agree to a probation period, and in exchange, the judge will strike the guilty verdict from the accused’s record, and they won’t receive points on their license.
PBJ is ideal when other avenues aren’t viable. However, Maryland only grants it for those who haven’t had a conviction in the past ten years.
Jeremy Widder Law is on Your Side
While we all try our best, no one is perfect. You want to make sure you have the best representation during such a difficult and stressful time.
At Jeremy Widder Law, we have experience in a wide range of legal practice areas. If you or someone you love is facing a substance related offense, we’re on your side. We’re ready to help. Let’s talk.
