One of the most common misconceptions about DUI/OVI arrests is that building a legal defense is a futile endeavor. Truthfully, and depending on the unique circumstances of your case, there are many approaches your attorney can use to reduce, if not eliminate the charges you face. Of course every DUI defense case is different, and the outcome of your case depends on several factors including the facts of your arrest, the lawyer you hire and your DUI arrest history.
Some of the common defense strategies used to combat DUI charges include:
Challenge the traffic stop that lead to your arrest — Why were you pulled over in the first place? If police stop you for swerving within your lane, but not crossing the yellow lines, you may be able to have the charges against you reduced or dismissed. This driving behavior, while abnormal, is not illegal. You may be able to challenge whether the officer who arrested you had probable cause to stop you.
Contest the field sobriety test — Police officers use field sobriety tests or FSTs to obtain probable cause for a DUI arrest. However, FSTs are notoriously inaccurate. Further, if you are overweight, elderly, disabled or injured, you may have difficulty performing an FST and therefore the data collected from the test may be deemed invalid.
Challenge the Breathalyzer test — You might assume that the Breathalyzer test is infallible. However, these devices must be maintained, inspected and properly calibrated or they can deliver false data.