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DUI Charge Defenses
Being charged with driving under the influence is very serious. A DUI conviction can adversely affect the rest of your life. People have been known to lose their jobs, their freedom and their reputation following a DUI conviction. If you are arrested for DUI, it is imperative that you immediately find an experienced DUI criminal defense attorney in your area to begin planning your defense.
There are actually several ways to get the charge dropped or get an acquittal in court, but only a knowledgeable DUI defense lawyer can make this happen. No matter the cost of the lawyer, it will be less than it will cost to lose your freedom and the life you had before the arrest.
The prosecuting attorney in a DUI case will almost always rely exclusively on the arresting officer's testimony to prosecute the case. Therefore, a good defense attorney will know to attack the officer's testimony to discredit him or her. For instance, the arresting officer will likely testify to certain driving behaviors you exhibited that caused suspicion such as:
- Uneven speeds
- Weaving from one side of a lane to the other
- Running a red light
- Hesitation in going through a green light
A good defense attorney will attack the officer's testimony and offer alternate, sensible explanations to the above driving behaviors.
A prosecutor will also ask the police officer to testify about your appearance and demeanor when you were pulled over. This can include:
- Slurred speech
- Bloodshot eyes
- Inappropriate joking or incoherent speech
- Stumbling or not being able to walk very far
- Pupil enlargement
There are a number of defenses to the above behaviors or observations such as:
- Lack of sleep/fatigue
- Allergies
- Contact lenses or other eye irritants
- Stress
- Medications
- Foods recently ingested
- Nervousness over being stopped by police
- Physical impairments
Field Sobriety Tests
A prosecutor will also use field sobriety tests as proof to impairment due to drugs or alcohol. However, someone could fail these sobriety tests for a number of other reasons including lack of sleep and the side effects of certain medications. People are often very nervous when taking these tests, and that could also certainly affect the outcome. Many people also have physical impairments caused by injuries, or even age, that make it impossible to perform these tasks, even under ideal conditions.
Your DUI defense attorney may cross-examine the arresting officer as to whether the officer asked you if you had physical impairments or there were particular circumstances that would make it difficult to perform the tests. Your lawyer may also point out that jury members may have similar difficulties performing the tests, such as by asking the jury if they could recite the alphabet backwards under the best of circumstances.
A good defense attorney will attack the validity of the breathalyzer machine if blood alcohol concentration (BAC) results are presented by the arresting officer. These tests are not infallible, and there are ways to prove that the results are inaccurate. Your lawyer will discuss possible defenses of the DUI charge during your consultation.
About the Author
If you have been charged with a DUI in South Carolina, please visit the website criminal defense attorneys at the Dick James Law Firm today to learn more.
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