Getting pulled over and arrested for a DUI is obviously not something you planned on having happen, but now you have to make the best of a bad situation and start planning a possible defense. For best results in this situation, you should contact a DUI defense attorney as soon as possible. But in the meantime, here are a few possible defenses you could use in a DUI case in order to either try to beat the charges or at least limit the consequences.
Challenge the Legality of the Stop or the Official Account of the Police
The police need to have a reason to pull someone over and begin a DUI test. Now, if the police can clearly show that you were speeding or committed another traffic violation, or if they have camera footage of you driving erratically, then the stop is likely justified. But perhaps you know you were driving safely and maybe you even have your own dash cam or can get security footage from a nearby business showing that you did everything by the book. If the traffic stop was not legal, you may be able to get the charges thrown out.
You could also attempt to challenge the account of the police after you pulled over. Perhaps the police detected the scent of alcohol, but you could argue that the scent was coming from someone else inside your car or from the local bar you just walked out of. A DUI attorney will be able to help you figure out the most effective challenge in this regard.
Challenge the Blood Alcohol Level Documented by the Police
Police use breathalyzers and sometimes blood draws to figure out your blood alcohol content. But what if the breathalyzer was not calibrated properly? What if the police did not follow proper procedure in conducting the test or they made a mistake in handling the evidence afterward? A good attorney will be able to latch on to mistakes and use them to your benefit.
Work Towards Getting a Plea Deal or Accepting Lesser Charges to Avoid Significant Consequences
In some cases, maybe you know the police have a solid case against you. But even then, a good DUI attorney may be able to assist. If this is your first offense, you could ask the prosecutor or court for a plea deal or leniency. Some states have a program for first-time offenders that can help you avoid jail time or might even expunge the charges from your record upon successful completion.
Contact a DUI defense attorney for more information.