Facing a DUI charge can be overwhelming and stressful, but it’s important to remember that hiring a skilled DUI defense lawyer can make all the difference. Your lawyer will work tirelessly to build a strong defense by challenging the evidence presented against you. This guide offers insight into various strategies your attorney may use to challenge DUI evidence, giving you a better understanding of how they’ll fight for the best possible outcome in your case.
Challenging DUI Evidence: Strategies Your Lawyer Can Use for a Strong Defense
This guide explains the following:
- Challenging the Legality of the Traffic Stop
- Questioning Field Sobriety Test Results
- Disputing Breathalyzer or Chemical Test Results
- Presenting an Alternative Explanation for Impairment
- Highlighting Errors in the Arrest Procedure
Here’s a closer look at each.
Challenging the Legality of the Traffic Stop
A key aspect of your DUI defense may involve your attorney questioning the legality of the traffic stop. Law enforcement must have reasonable suspicion to initiate a traffic stop, such as observing a traffic violation or signs of impaired driving. If the officer lacked a valid reason for stopping you, any evidence obtained during the stop could be inadmissible in court, and your lawyer will argue for its exclusion.
Related: Illinois DUI defense information
Questioning Field Sobriety Test Results
Field sobriety tests (FSTs) are often used by officers to determine if a driver is impaired. However, these tests can be unreliable and subjective. Your lawyer’s defense strategy could involve highlighting factors that may have affected your FST performance, such as medical conditions, fatigue, or uneven road surfaces. Additionally, if the officer did not administer the tests correctly, your attorney may argue that the results are invalid.
Disputing Breathalyzer or Chemical Test Results
Breathalyzer and chemical test results play a significant role in DUI cases. However, these tests are not infallible. Your defense lawyer may focus on challenging the accuracy and reliability of the results by pointing out issues like improper calibration, operator error, or even the presence of residual mouth alcohol, which can lead to falsely elevated readings.
Related: What happens if you get a DUI in Illinois when you’re under 21?
Presenting an Alternative Explanation for Impairment
In some cases, your lawyer might present an alternative explanation for the signs of impairment observed by the officer. Factors such as fatigue, allergies, or even the side effects of legally prescribed medications can mimic the symptoms of intoxication. Providing a valid reason for your behavior can help undermine the prosecution’s case against you.
Highlighting Errors in the Arrest Procedure
Your DUI defense lawyer will closely examine the arrest procedure to identify any errors made by law enforcement officers. If the officer violated your rights or failed to follow the proper protocol, the evidence gathered during the arrest might be inadmissible. Examples of procedural errors include failure to read you your Miranda rights or not allowing you to consult with an attorney before submitting to a chemical test.
Related: 5 things cops look for to pull you over for DUI
By understanding the various strategies your DUI defense lawyer may use to challenge evidence, you can feel confident in their ability to build a strong defense and protect your rights. Remember that every case is unique, and the best approach will depend on the specific circumstances of your situation.
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