Defending against DUI charges

| May 26, 2021 | Criminal Defense |

Memorial Day weekend marks the unofficial start of summer and many people will be out enjoying the nicer weather with friends and family. Law enforcement officials will also be out in an effort to crack down I’m drunk driving over the holiday weekend. If you or a loved one are arrested for driving under the influence, do not despair. An experienced DUI attorney in your area can help you formulate a defense strategy to defend against the DUI charges you are facing.

Common DUI defenses

If a prosecutor thinks they have enough evidence to prove your guilt beyond a reasonable doubt, they will pursue DUI charges against you. Evidence typically used in DUI cases includes:

  • Breathalyzer test results
  • Field sobriety test results
  • Officer observations/testimony

To defend against the prosecution’s claim, defense attorneys will work to dispute the prosecution’s evidence. Some common DUI defense strategies include:

  • Establishing the Inaccuracy of the Breath test results (e.g. improperly calibrated device, improper administration of the test)
  • Establishing the inaccuracy of field sobriety test results (e.g. improper administration of tests, observations made by improperly trained officer)
  • Presenting other reasons for failed Breath or field sobriety tests (e.g. vomiting during the Breath test, inner ear problems causing problems with balance during walk-and-turn or one-leg stand field sobriety tests)
  • Proving the initial traffic stop was illegal under the Fourth Amendment (e.g. stopping vehicle without probable cause or reasonable suspicion of criminal activity)

Defending yourself against DUI charges can be overwhelming, especially when you know what is at stake. A Mississippi DUI defense attorney can help alleviate your concerns by reviewing your case, collecting evidence, and coming up with an effective defense strategy that could get your charges getting dropped altogether.