Michigan criminal defense attorney

5 Strategies for Defending a DUI Charge

Hope for DUI charge

When a person is charged with DUI or drunk driving, he or she may feel hopeless and believe there is no possibility of acquittal. However, there are legal solutions to successfully defend a drunken driving charge.

There is hope. While every case is uniquely individual and there is not a single all encompassing defense, there are strategies that may help when defending against DUI charge.

5 strategies that offer hope when charged with a DUI are:

  1. Were the Chemical Test Instruments Used Accurately?
    The courts understand that technology is not infallible. The machines that the police use to test your blood, urine or breath could be inaccurate.
  2. Unlawful Blood Alcohol Cases
    The timing of when your blood alcohol test was given could allow for the test to have less importance in the case. It must be proven that your blood alcohol levels exceeded the legal limit while you were driving or operating the vehicle and not after you were arrested.
  3. “Reasonable Suspicion”
    The original reason the police officer pulled you over must be justifiable. There are too many times when officers stop people because it is nighttime, they are coming from a bar or playing loud music. The officer must have reasonable suspicion to pull you over.
  4. Was the Chemical Testing Done Properly?
    If the police have not followed the administrative rules and statues that manage how they take the blood and breath samples, it can lead to the conviction being thrown out. The case may not be dismissed, but if can increase your chances of victory.
  5. Was the Field Sobriety Test Done Properly?
    The officer’s decision on whether or not you failed your sobriety test can be challenged. While each police officer is trained in administering the test, the test is subjective.

Simply being charged with a DUI does not mean a conviction. You do not have to walk into court and plead guilty. Here are just five of many strategies that can be used to defend your case. The David J. Kramer Law Firm, PLLC is passionate about defending your rights and has had an enormous amount of success in defending our clients who have been charged with DUI. I want to help defend you.

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This article was published on: June 9, 2012 and was last modified April 19, 2016