DUI charges can be misdemeanor or felony charges, depending on the nature of the case. Regardless of which type of DUI charge someone is facing, the basic approach remains the same: fight with the strongest, most vigorous defense possible. The factors that go into formulating a DUI defense strategy include:
-The client’s goals and concerns
-The nature of the charges
-The facts that gave rise to the case
-The type of chemical testing done (blood or breath)
A thorough review of the case will yeild important clues that an experienced DUI Lawyer will be on the lookout for when determining the way forward.
Client’s goals and concerns:
The client’s goals and concerns are perhaps the most important consideration when building a DUI defense strategy. Is the client concerned about losing their job? Or having a permanent criminal record? Does the client need to consider immigration consequences or other “collateral” matters that a DUI charge can impact?
The facts of the case:
An old expression from an experienced judge goes like this: “From the facts comes the law.” This means the facts of the case (the who, what, where, when and how) are what the defense is based on and where any defense will come from. What was the reason for the initial stop by police? What was their legal justification or “probable cause” for the arrest? Did the police conduct a proper investigation using approved methods?
The type of chemical testing done:
DUI cases involve either blood or breath testing of the defendant. Each presents thier own challenged and their own possible defenses that an experienced DUI Lawyer will be familiar with.
Blood Testing:. Compared to breath testing, blood testing is the most accurate way to measure someone’s blood alcohol concentration. Blood testing is a direct measurement, as opposed to breath testing that involves an extrapolation of data to arrive at the end measurement.
Blood testing can be attacked in a number of ways:
-Was there adaquate blood preservative
-Was the sample refrigerated or were other steps taken to ensure the blood sample didn’t degrade or spoil
-How long after the sample was taken did police test the blood?
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