What if you are pulled over and subsequently arrested for suspicion of Driving Under the Influence (DUI)? You could be facing some very serious consequences such as felony conviction, stiff penalties and fines, loss of your driver’s license (which can affect employment) as well as possible jail time. If this happens to you, the first thing you should do is retain an experienced and competent DUI attorney in your area to represent you at trial. What is the best defense for a DUI charge? The answer to that question is “it depends”.

There are many mitigating factors that surround a DUI case and extenuating circumstances that must be evaluated before a defense can be formed. Each case is unique and your attorney will attempt to ferret out the facts and find holes in the prosecution’s case that could result in a dismissal or not-guilty verdict at trial. Although the outcome of your case is dependent on many variables, the following are 4 of the most common and successful defenses for a DUI charge:

Best Defense #4: No Probable Cause

In order for an officer to stop someone for a DUI, he or she must first have probable cause to do so. The US Constitution provides that a peace officer cannot arbitrarily detain someone for no reason – they must provide evidence to justify the stop. Were you were driving erratically? Were your headlights out? Did you appear to be intoxicated or did they see open containers in the car? Without probable cause for being pulled over, the stop is illegal.

Best Defense #3: Evidence at the Scene

When a police officer has probable cause to pull someone over on suspicion of a DUI, he or she must gather sufficient evidence to use against you at trial. You will most likely be asked to submit to a Field Sobriety Test (FST) or breathalyzer. These “tests” are extremely inaccurate and are to your disadvantage to perform because they will give the DA more evidence to support the officer’s assertion that you were driving under the influence. Since you have no legal obligation to take the FST or breathalyzer at the scene, the best course of action is to politely but firmly decline. You’ll most likely have to submit to a blood alcohol test if you are arrested, but if your attorney can prove that the stop was illegal (see #1) then any evidence gathered will also be deemed “inadmissible” and your charges can be dismissed.

Best Defense #2: Breathalyzer/FST/Blood Test Results

If you do submit to one or all of these tests, your attorney can use these test results to your advantage by:

  • Challenging whether the equipment used was properly maintained, calibrated, outdated or if the officer was trained to administer the tests.
  • Proving that the person performing the blood test did not follow protocol and hospital procedures.
  • Asserting that the results of the blood test was affected by prescription medications that contained alcohol or that rubbing alcohol on the skin was drawn into the needle during testing.
  • Citing evidence that Field Sobriety Tests are statistically unreliable and based on the subjective opinion of the officer and not on scientific facts.

As with every legal case, these defenses have their strengths and weaknesses. It’s up to your attorney to gather the complicated facts, go over them carefully and design a successful defense to win you a dismissal or not-guilty verdict.

What is the #1 Best Defense for “Driving Under The Influence”?  Don’t!