Key Defense Strategies in DUI/DWAI Cases

A successful defense in a DUI/DWAI case often hinges on challenging the evidence presented by the prosecution and highlighting procedural errors. Here are some of the primary strategies we utilize:

Challenging the Traffic Stop

• Legal Basis for the Stop: We scrutinize the reason for the initial traffic stop, ensuring it was legally justified. A stop without reasonable suspicion or probable cause can be grounds for dismissing the evidence obtained during the stop.

Questioning Sobriety Testing Procedures

• Field Sobriety Tests (FSTs): We evaluate the administration and accuracy of FSTs. Inconsistencies, improper administration, or external factors affecting the results can be used to challenge their reliability.
• Breathalyzer and Blood Tests: The accuracy and calibration of breathalyzer devices are critical. We investigate whether these tests were conducted properly and whether the equipment was regularly maintained and calibrated.

Analyzing Arrest Procedures

• Miranda Rights and Arrest Protocol: Ensuring that proper arrest procedures were followed, including the timely and appropriate delivery of Miranda rights, is a key aspect of our defense strategy.

Assessing Officer Testimony and Reports

• Consistency and Accuracy: We meticulously review officer reports and testimony for consistency and accuracy, challenging any discrepancies or indications of bias.

Utilizing Expert Witnesses

• Technical Expertise: In some cases, we may use expert witnesses to provide testimony on the unreliability of certain tests or to offer alternative explanations for the behavior attributed to impairment.

The Importance of an Experienced DUI/DWAI Attorney

• Navigating Complex Legal Waters: DUI/DWAI cases involve complex legal and scientific concepts. An experienced attorney can navigate these complexities, presenting a defense that is both scientifically sound and legally compelling.
• Negotiating Plea Deals: In some cases, the best course of action may be to negotiate a plea deal. Our experience in the local legal system positions us to negotiate effectively on your behalf.