A DUI, or Driving Under the Influence (drugs or intoxicating liquors), the charge is a pretty serious offense. If you are unable to shrug it off, you may end up losing your driving license, provide mandatory fines, and face jail time.
So, how are you going to defend yourself against these issues?
Let’s find out!
Best DUI Defense Strategies
As mentioned before, countering a DUI charge can be pretty tricky, especially if you are unaware of the legal issues.
That’s precisely why we would ask you to hire a lawyer from the Gwinnett County DUI Court. As an expert, they can find the loopholes in the system and help you avoid the charges altogether.
Nonetheless, only hiring an attorney and putting all of your responsibilities on their shoulders won’t be the right thing for you. This way, you will have no idea about what you’re supposed to say or how to tackle complex interrogations wisely.
Thus, in this section, we have explained five different DUI defense strategies to help you understand the scenario thoroughly.
Defense – 1: Not Having An Opportunity To Contact A Lawyer
It’s in everyone’s legal rights to contact an attorney after being arrested or during a criminal investigation. And, in a DUI procedure, this proceeding becomes even more critical, as the investigator has to obtain the “independent exculpatory evidence” promptly.
Hence, you’ll need to show evidence that you weren’t given a chance to talk to your attorney during the court procedure. This way, you can avoid any further investigation or accusation pretty efficiently.
Defense – 2: Inaccuracy Of Breathing Alcohol Testing
Also known as breathalyzers, a breathing test is usually performed to check if the driver was intoxicated or not. During this procedure, an individual will use machinery to determine the alcohol level in your blood.
However, this is an indirect measurement procedure, which can be incorrect if done only once. If you have been accused only on the basis of a breathing test, you can consider consulting with a forensic toxicology expert.
They can help you identify the issues and create a better defense strategy efficiently.
Defense – 3: Illegal Stopping
A driver cannot and should not be stopped unless they have unreasonably violated or broken any traffic law. Besides, it’s also not illegal to drive a car during the nighttime or after leaving a bar. In each and every criminal case, the State has to provide the evidence lawfully.
Thus, if someone has stopped you on a “hunch” or unlawfully, you can present your case in court and get away with it.
Defense – 4: Legal Issues
Law enforcement cannot do anything they want during a DUI arrest. As per the law, they have to support the constitutional rights of a defendant during almost every stage of the investigation. If they fail to do so, it can result in a case dismissal or suppression of evidence.
However, before you make any accusation in this regard, we would ask you to check your legal right first. In some states, you might not get the same legal benefits as others. Therefore, you may end up being on the wrong side of the law by taking the wrong steps.
Defense – 5: Unreasonable Detention Length
A police officer can definitely pull you over if you have broken any law during driving. However, they cannot keep you standing on the side of the road for a prolonged period.
This situation usually arises when someone pulls you over for speeding and calls another officer for a DUI investigation. Now, that other individual might take hours to reach the destination. And the investigation may take a few more minutes to begin.
Nonetheless, in most circumstances, such delays might be unreasonable and, therefore, can contravene the driver’s legal rights. Hence, in that case, the juror will throw out the gathered evidence and drop the case entirely!
Wrapping It Up
Setting up a DUI case is pretty tricky, both for the accuser and the accused. Hence, if you can find loopholes in the system, you can efficiently get out of the liability issues pretty quickly.
However, we would still ask you to hire an attorney from the Gwinnett County DUI Court. They can help you craft your side of the story efficiently and get rid of wrong indictments.