DUI cases are unique because they usually involve:
-A confession by the defendant
-A general dislike of DUI defendants by the common public
These factors make DUI cases challenging and present their own unique circumstances that a DUI attorney has to deal with.
Confession by the defendant:
Imagine a criminal case involving theft, where the defendant is accused of stealing something. Now, imagine two scenarios: In one scenario, the person accused of stealing says “yeah, I stole it..” to police after the crime. In a second scenario, imagine the person not saying anything and invoking his or her right to remain silent. Which case would be a better case to defend? Clearly the one where the person didn’t talk.
How does this apply to DUI? Most drivers involved in DUI cases answer the questions police officers ask them. The police will ask: “Have you been drinking and how much?” Any answer other than “I would rather not talk about that officer,” or “I have the right to remain silent…” is opening the door to a confession by the driver. Yet most people stopped by police officers in DUI cases tell the officer something about what they had to drink. This ends up being used as a confession in court by the driver.
In DUI cases, the police will take blood alcohol level measurements, either by testing a person’s breath in a breathalyzer machine, or by direct blood sampling and testing. Imagine that same theft case, only this time imagine the theft involved something that left a trace or residue on the person who took it. In building a case against the person accused of theft, prosecutors would love to have scientific evidence (maybe evidence of the residue on the person’s clothes or under their fingernails) to convict the person accused of theft.
Prosecutors in DUI cases will often have scientific evidence against the defendant that a knowledgeable DUI lawyer will be able to anticipate, analyze and attack.
Public Animosity toward DUI defendants:
Due to the awareness of the dangers of DUI’s, and the outspoken advocacy of groups such as MAAD, many people who are called to jury duty have a bias against DUI defendants. Obviously this presents a challenge to anyone facing a DUI: how to get a fair trial. When a jury has a bias against a defendant, its important for the lawyer representing the defendant to know what to do to mitigate that bias.
So what does a DUI attorney do to beat a DUI case?
A DUI attorney who beats DUI cases overcomes every one of these challenges by focusing on what works in DUI cases. First, the “confession” that a driver gives in DUI cases can be kept out of court by suppression motions which are legal challenges that prevent the evidence from being heard in court. To attack the scientific evidence, a DUI attorney looks for errors, sloppy record keeping, improper procedures and other openings to attack the science in DUI cases. While the scientific evidence in DUI cases *looks highly accurate and difficult to beat, a DUI lawyer knows the tests can be proven inaccurate if something was done improperly during the tests. Finally, overcoming the bias that many people have for DUI drivers is handled by carefully weeding out jurors with questions that expose their bias during jury selection.
Speak to a DUI attorney who understands how to beat these cases.
Pick up the phone and speak to a DUI attorney who knows what it takes to beat a DUI case.