5 Common Defenses in DUI Cases

The DUI defense attorneys at Lermitte & Lubin, LLC have handled many cases for people who have been charged with Driving Under the Influence (DUI). This doesn’t only include people who drove with a Blood Alcohol Content level of .08% or above, but also people who have been charged with driving under the influence of other substances. This can include depressants, stimulants, and more, like marijuana, painkillers, and cocaine. From these different situations, common DUI defenses have stood out to us. While each case is unique and requires tailored defense strategies, some common defenses can be used to fight against these charges. We don’t try to use one of these defenses when we take on a case. We look at the evidence first. From there, the DUI defense attorneys at Lermitte & Lubin work through the details to build a case and find that our strategy for defense closely aligns with one of these common defenses.

The Burden of Proof in Criminal DUI Defense

Before discussing specific defenses, it is important to understand the standpoint your defense must take. As with all criminal cases, the burden of proof lies with the prosecution. This means that for a defendant to be convicted of a DUI, the prosecution must prove beyond a reasonable doubt that the defendant was guilty of the crime. For DUIs, this means they must prove that you were both operating the vehicle, and under the influence of drugs or alcohol as you were doing so. As a defense attorney, it is our job to challenge and weaken the evidence for one or both of these claims.

Common DUI Defenses

Here are some of the most common defenses used in DUI cases:

1. Lack of probable cause for the traffic stop: A police officer must have reasonable suspicion of a crime or violation to pull over a vehicle. If the officer cannot prove that they had a valid reason to initiate a traffic stop, certain pieces of evidence can be deemed inadmissible.
2. Inaccurate field sobriety tests: Many field sobriety tests are inadmissible and do not hold up in court. These include tests such as walking in a straight line or standing on one leg. These are inadmissible, one of the reasons being that many sober people fail them. Because of this, we can challenge their validity in court.
3. Faulty breathalyzer results: Breathalyzers are used to measure a person's blood alcohol concentration (BAC). This is the percentage of alcohol in your bloodstream. These devices require regular maintenance and calibration to ensure accuracy. If the maintenance and calibrations of the breathalyzer can be called into question, it creates doubt against your recorded BAC reading.
4. Medical conditions or prescription medication: Certain medical conditions or prescription medications can cause similar symptoms to being under the influence. If a defendant can prove that their driving impairment was caused by a medical condition or prescribed medication, they may be able to argue against DUI charges.
5. Improper arrest procedures: Police officers are required to follow specific protocols when arresting someone for a DUI. This is why we ask many questions about your arrest experience to find out if the police officers performed any illegal act.

The Importance of Hiring a DUI Defense Attorney

DUI cases are like any other criminal case in that they are frightening and overwhelming. This makes it all the more crucial to hire an experienced DUI defense attorney who will review the details of your case to find the best defense strategy for you. Our skilled attorneys will know how to challenge evidence, negotiate with prosecutors, and build a strong defense on your behalf. Furthermore, having an attorney by your side can help alleviate some of the stress and anxiety that comes with facing criminal charges. They will guide you through the legal process and fight to protect your rights and interests.

Contact the DUI Defense Attorneys at Lermitte & Lubin, LLC

While numerous defenses can be used in DUI cases, many are only possible due to the circumstances of your case, but knowing that there are common options potentially available to you can be comforting. In reality, every case is unique and needs attorneys who can develop a strategy specific to the situation. This is why you need an attorney with the experience your case needs, and you can find those criminal defense attorneys at Lermitte & Lubin, LLC. Contact us for more information today.