When building a successful defense against a DUI/DWI and to avoid the suspension of your driver’s license, any of the following approaches may be helpful:
The prosecution must prove that you were indeed driving the vehicle when pulled over. According to a Tempe DUI attorney, the police officer must have witnessed you operating the motor vehicle at the time of the arrest. If you can prove that you were not actually behind the wheel of the vehicle at the time of the arrest, you may be able to have the case against you thrown out entirely.
There are several areas to bring into question involving the arrest itself. If you were not driving erratically, you might be able to show that the officer pulled you over for reasons related to race or ethnicity. If the officer did not completely and correctly read your Miranda warnings during the arrest, some evidence might be eliminated at the trial. You may also be able to call into question the constitutionality of your arrest which could result in the lessening of the charges against you.
Since the majority of the evidence comes from the arresting officer’s observations of your behaviors, challenging these observations or providing evidence that disputes the officer may prove successful during the trial. Using viable explanations of your questionable behaviors that the officer witnessed could refute the charges. These contradictions could include physical impairments including corrective vision needs like glasses or contacts, sleep deprivation, or medications. Often, providing witnesses to help in your DUI/DWI defense can reduce the charges or eliminate them all together.
Challenging the accuracy of the test (blood or breath) may make the results inadmissible once you go to court. If the arresting officer failed to comply with state laws regarding tests and informing you of your rights and consequences during testing, this might also help to throw out the test results. In addition, proving that the machine used for testing was faulty, improperly operated, or not calibrated according to the manufacturer’s guidelines could prove the test inadmissible. Other factors including foods, medications, and absorption phases may affect the test results and can be brought into question during trial.
No matter which combination of defenses you choose, hiring an experienced lawyer who specializes in DUI/DWI defenses is key. They will understand the nuances of the various defenses and testing in order to provide you with the best possible chance of keeping a valid driver’s license. Finding a lawyer who has made the investment in knowing the various aspects of the DUI/DWI laws in your state, roadside tests and equipment, and the science behind these tests will be crucial to a successful DUI/DWI defense.