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Confronting DUI charges with the right defense strategy

On behalf of Dolan + Zimmerman LLP June 26, 2019

It can be frightening and overwhelming to face criminal charges, even a first-time DUI offense. If you find yourself facing DUI charges, do not underestimate the serious nature of your case and the way it is treated in the court system and through the administrative process. A DUI conviction could lead to penalties that include loss of driving privileges, fines and even time in jail. If you are in this situation, your need for a strong defense plan is real and urgent.

Where should you start with a DUI defense? Not only do you want to protect your long-term interests and stay out of jail, you will want to preserve your right to drive and your reputation. Evaluating the defense options available to you and determining the optimal way forward is one way to start this process.

Common defense strategies

Every DUI case is different, but there are a few common defense strategies that people rely on when fighting back against drunk driving charges. You may consider if any of the following strategies may apply to your situation: 

  • Problems with sample: When police take a blood sample, they have to be very specific in the way they handle it. Problems with the process of obtaining and preserving the sample can affect test results, and it can compromise the validity of that evidence.
  • Traffic stop issues: Police need reasonable suspicion to initiate a DUI traffic stop, and they need probable cause to arrest you. You have the right to challenge a problematic traffic stop or subsequent arrest.
  • Problems with the Breathalyzer: If there is an issue with a Breathalyzer machine, it can impact the results. Police must properly maintain these devices to get accurate results. 
  • Other issues: there are many other legal and factual issues that can play an important role in an effective defense. 

It may help you to remember that a conviction or a guilty plea is not necessarily the only option you have — you always have the right to defend yourself, no matter how serious the charges are against you. 

Do not delay

If you are facing DUI charges, do not delay in seeking legal help. It is smart to take quick action to protect yourself and your freedom.