As discussed more fully elsewhere, the laws and procedures have been set up to streamline the arrest and booking, conviction and imprisonment of DUI suspects. Thousands of otherwise law-abiding citizens are charged every year.
But there is another side to this coin. The court system is practically overrun with DUI cases. Sometimes you can literally see a long line snaking out of the court as a result of this.
So remember that for the the police officer who arrested you and the prosecutor, this is not personal; your case is most likely just one routine file among many. If a problem can be found with the state’s case against you or part of it is weak, they are more likely to be willing to let it go and move on to other, stronger cases.
It’s very important not to make any mistakes that may jeopardize the outcome of your case. To read about some common mistakes that many DUI suspects make, see our blog post Common DUI Mistakes.
There are many potential ways to defend you against a DUI charge. For example, if there is just one lapse in any of the following categories, your case may be dismissed.
- Police reports sometimes don’t include an explanation of a reasonable suspicion why you were pulled over in the first place. If not, there may have been an improper traffic stop.
- It must have already appeared ‘more likely than not’ that you committed a crime before you were put in handcuffs and taken to the police station or otherwise ‘arrested.’ If not, there was no probable cause for an arrest.
- Blood has to be drawn in a very specific way. If not, there may have been an important procedural error in collecting evidence.
- Blood can also be retested – if the result is lower or very different, the state’s interpretation of the evidence can be thrown out.
- Is there proof you were behind the wheel? The state must prove that you were ‘in control’ of the vehicle to convict you of DUI.
- Your blood blood, breath, or urine must be tested in a scientifically rigorous manner. If not, there may have been a procedural error in processing evidence that calls its interpretation into serious question.
- Was the test equipment maintained and prepared properly? Improper calibration, validation, or operation of testing equipment related to a blood, breath or urine tests can also call the state’s interpretation of the evidence into question.
- If you were not allowed to speak with an attorney after you asked to, your case can be thrown out.
- Were you questioned aggressively after asking to remain silent, or after declining to answer questions before speaking to an attorney? Any kind of improper questioning can result in a dismissal.
- If probable cause for arrest and/or evidence of impairment is based on field sobriety testing (following a light with your eyes, walking the line, holding your leg up while counting, etc.), the exact administration of those tests and the specific details underlying the officer’s interpretation of the results can be put under scrutiny.
There are many other potential ways to defend you against DUI charges to avoid conviction or minimize negative impacts on your life. Each case is unique and your case must be considered in detail to determine the best ways to get a good result for you.
At Ariano & Associates, our focus is on your case and its successful outcome. Our approach to cases is not simple, but it can be stated simply: know the law and procedure inside out, do our homework, and then do what it takes to get the best results for our clients.