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Four defense strategies for a DUI case

On Behalf of | Oct 2, 2023 | Traffic Offenses Blog Post |

DUI charges in Virginia can threaten your trucking career, your financial stability, your reputation, and your freedom. With so much on the line, you owe it to yourself to build an aggressive criminal defense. That might sound stressful, but you can lift a burden from your shoulders by diligently prepping your case before entering plea negotiations with prosecutors or heading into trial.

How can you defend yourself against DUI charges?

Your defense options are going to depend on the facts at hand. However, let’s look at some of the most commonly utilized and successful DUI defense strategies that you might be able to use:

  • Illegal traffic stop: If the police stopped you without the requisite reasonable suspicion, then any evidence gathered as part of that stop is illegally obtained. As a result, you can block that evidence from being used against you, even if it’s convincing of your guilt.
  • Field sobriety test errors: To gather enough evidence to warrant a breath or blood draw, the police might subject you to several field sobriety tests. Yet, all too often poor instructions are given, and police officer observations are inaccurate. You might be able to use these mistakes to support your defense.
  • Breath test errors: The machines used to detect blood alcohol levels are often improperly stored and poorly calibrated. Officers sometimes stray from the standards imposed upon the use of these devices, too. Any of these errors can skew test results.
  • Failure to read Miranda warning: In some instances, accused drunk drivers are taken to the police station for interrogation. When you’re subjected to custodial interrogation, the police should read you your Miranda rights, including the right to remain silent and the right to an attorney. If those rights aren’t read to you and you subsequently make a confession, then you might be able to block that confession from being used against you.

Know how to protect yourself against DUI charges

If you’ve been charged with drunk driving, then you’re probably nervous and afraid. This is a normal reaction, but don’t let your fear paralyze you into inaction or force you to take a plea deal that isn’t right for you. Instead, use it as motivation to build the aggressive criminal defense arguments needed to protect your freedom and your future.