A Detailed Guide on How to Proceed with a DUI Case

10/13/2015 12:18

Fines and penalties related to a DUI accusation profoundly impact the normal life standards of an individual. For the individual charged of a serious DUI crime, it is necessary to know about the various forms of defense available to fight against this type of accusation. By setting up a workable defense with a DUI lawyer, the person can certainly persuade the prosecution to reduce or drop charges. Prevention of the loss of long-term driving or suspension of license of the driver is the prime objective of a qualified DUI attorney.

DUI Defenses

Generally while litigating a DUI case, there are two significant facts which must be proven by the prosecution.

•        The defendant (accused person) was driving a vehicle.

•        The person was ‘under the influence’ when she was driving the vehicle.  

It means that the charged person’s ability to drive safely was affected to a certain extent because of alcohol consumption. While detailing such kind of charges, defense will pursue anything which indicates to the fact that one of the stated elements was inaccurate or wrong. This in turn, prevents the district attorney to prove the case. Defense established by the DUI Attorney also restricts the other party to present significant evidence in the trial process. Following here is some crucial type of defenses available to DUI charged individuals.

Defense Linked to Driving

If the person was not driving the vehicle during the time of alleged DUI offense, they cannot be accused of drunk driving. In most of DUI cases the charge begins with the argument of whether the accused was driving. If the investigating police officer is not sure that the individual was driving, this significant issue can be debated due to lack of relevant evidence to prove the element.  Uncertainty about who was driving the car certainly works in favor of the DUI accused in the process of fighting against the accusation.

Defense Linked to the Arrest

There are a number of instances when the police officers might not have the proper legal justification to arrest the person in first place. Additionally, they might even fail to implement all the crucial legal procedures during the time of arrest, including the proper implementation of field sobriety tests and breathalyzers. As a result, evidence collected in the traffic stop might be deemed to be as inadmissible due to a probable cause.  And these facts cannot be used in the arresting officer’s testimony and cannot be submitted as significant evidence.

Challenging Testimony of Arresting Officer about the Defendant’s Behavior

Impression and observation of the arresting police officer plays a major role in proceeding of a DUI case related to whether the accused individual was drunk or not. For example, the officer may testify about the way the person was driving, how they performed during the conduction of the field sobriety tests or how they acted when the vehicle was stopped. The accused person can challenge such evidence and observations of the officer for creating a gap in the preserved evidence against the prosecution.

All such crucial aspects must be considered when handling a DUI case and thus, require proper knowledge and expertise to defend, for which skilled legal assistance of a DUI Attorney of Chico must be sought for.