Why Is A DUI A Criminal Defence?

It might seem counterintuitive at first, thinking of DUI as being a criminal defence.  But just the fact that you have been charged does not mean you are guilty.  Remember, the prosecution still has to prove their case, and there are flaws in the entire system, not the least of which is the field testing system.  Read on to learn more about DUI defence.

The first step is to hire a good defence attorney who is familiar with drunk driving court cases.  Many specialise in DUI cases and they have taken the time to go to school to learn the specific laws regarding DUI that apply to your state.  Your attorney should also know how police testing works as well as how the court system works.  Not every county is the same, and knowing who the prosecutors are and how they operate is critical to your defence.

The main defences to drunk driving start with the tests given in the field when you are first pulled over.  Those field sobriety tests have been challenged in court, as they may or may not have been administered properly, so this raises the question of whether your arrest was even legal.  Some courts have found that even if you were stopped at a DUI checkpoint, you have to have been found to be breaking a law in order to be prosecuted.  Without good cause, an officer stopping you cannot have enough information to start the process, and your case might get dismissed.

The other main test, the breath test, can also be challenged for a number of reasons.  There are tests and calibrations that must be done on the machines periodically, so without proof of those, your breath test may not be accurate and therefore may not be admissible evidence.  You may also have a medical condition that would alter the results, so the readings are off.

DUI Defence attorney will call in experts and examine all of the pertinent data relating to the breath test machine that was used in your case.  They might be able to get your case dismissed right away because of reporting or maintenance errors.  Not only that, but in many jurisdictions, the definition of “breath” has not been clarified. While there are some machines that when used properly are highly accurate, others are not.

Your defence attorney may also examine the circumstances surrounding your alleged impairment, like were you intentionally or unintentionally intoxicated. You might not have known that the smoothie you were given contained vodka until you were driving home.  Your attorney will present this as part of your case.

Never assume that because you have been charged with DUI that you will be found guilty.  Let your Atlanta DUI lawyer go to work for you.