Three Common DUI Defense Strategies

Three Common DUI Defense Strategies

Drunk Driving Attorney in Newark

Three Common DUI Defense StrategiesA drunk driving attorney knows that being charged with a DUI is a serious matter. If you are facing DUI charges, you are likely worried about the future. In addition to legal consequences, including possible fines and jail time, your personal life could be affected as well. In fact, it takes some people years to fully recover from a DUI conviction, and many are affected in some way for the rest of their life.

For this reason, it is especially important that those facing DUI charges seek legal help. At Rispoli & Borneo, we understand that many people believe that the best action following DUI charges is simply to admit guilt and move on. A solid DUI defense, however, put together by a qualified drunk driving attorney, can help you avoid serious consequences.

Here are three of the most common strategies Newark attorneys use to help protect their clients from DUI charges.

Were You Stopped Legally?

A police officer cannot stop a driver without reason. If you were pulled over, outside of a DUI checkpoint, the officer must have had a legal reason for stopping you. Typical reasons include speeding, weaving and swerving while driving, driving with a taillight, headlight, or signal out, and failing to follow a traffic sign or stoplight.

If an officer pulls a driver over and has legitimate cause to stop them, they can then conduct a limited investigation. They must first, however, inform you of the legal cause they had to stop you. If they do not inform you of their reason, or pull you over and conduct a DUI investigation without reasonable cause to stop you, any evidence collected during the officer’s investigation is inadmissible in court. Your charges will most likely be dismissed in this instance.

Questioning Field Sobriety Tests

Field sobriety tests are commonly used by police officers as a method of determining if a driver is under the influence of drugs or alcohol. These tests often include standing on one leg, walking a straight line, turning around, or having the driver recite the alphabet backwards. These types of tests, however, are flawed and can be poor indicators of intoxication. Factors like weather conditions, physical ailments, and poor coordination could all lead a driver to fail a field sobriety test, thus appearing intoxicated, without actually being drunk or high. A drunk driving attorney can help you determine if the field sobriety tests conducted on you may be unreliable.

Challenging BAC Results from a Breathalyzer

While much more effective than a field sobriety test, breathalyzer results can be flawed. In fact, breathalyzers often provide inaccurate readings. Breathalyzers require proper maintenance and those left unmaintained could show inaccurate results. They can also malfunction and show incorrect readings. Certain health conditions can also affect the reading, appearing like alcohol is present when it is not. Additionally, over the counter products like medicines and mouthwashes can be mistaken for intoxicating alcohol.

A Drunk Driving Attorney Can Help

There are multiple ways to beat a DUI or at least have your penalties reduced. If you are facing DUI charges, you need the help of a qualified DUI attorney. The legal team at Rispoli & Borneo have more than 25 years of experience handling DUI cases. Schedule your free consultation with a drunk driving attorney in Newark today to learn more about our track record of defending clients from DUI charges.