Just because you have been charged with driving under the influence (DUI) does not mean that you are definitely going to be convicted. There are ways to fight back when you are facing drunk driving charges. Defendants often feel that their situation is hopeless, but this is rarely the case. There are a myriad of possible defenses. Anything from the reason you were pulled over in the first place to the results of chemical BAC testing can be challenged. Securing a DUI conviction depends on the police following very specific procedures and a mistake by an officer could lead to your case being dismissed. To put a strong defense forward, you will need an experienced DUI lawyer who has a good understanding of DUI laws and BAC testing procedures.
Defending Your DUI Case
Your DUI case may be more defensible than you think. Some strategies your lawyer may want to use include:
- Invalid chemical tests – There are many more ways for law enforcement to mess up chemical testing after a DUI arrest than there are for them to do it right. Anything from not performing routine calibrations of the testing equipment to not waiting long enough to administer a breath test could invalidate the results. Police officers are not medical professionals and frequently mishandle biological samples or equipment like test tubes.
- Unjustified traffic stop – Police officers must have reasonable suspicion that you are committing a crime in order to pull you over. If their only excuse is that you were driving in a bad neighborhood or that they “had a gut feeling” you were doing something wrong, then any charges that came out of the invalid stop may be dismissed.
- Lack of monitoring – If you were involved in an accident, the police may not be able to prove that you were drunk before the crash happened and did not consume alcohol between the time your car came to a stop and the time police arrived.
- Police error – This can include improper questioning relating to a miranda violation, improper searches and seizures and more technical issues relating to procedures with the arrest.
Even if you are the rare defendant with a truly indefensible case, there are still steps an attorney can take to mitigate your sentencing and minimize the impact this will have on your life.
Call a Will County DUI Defense Attorney
At the Law Offices of Jack L. Zaremba, P.C., we are highly skilled at defending DUI cases. Our experienced Grundy and Will County DUI lawyers will thoroughly evaluate each detail of your case to determine how best to defend you. Call 815-740-4025 for a free consultation.