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Drunk Driving Defense

A DUI charge can be terrifying. The penalties are serious and fines are costly. You may lose your ability to drive to work, or be forced to install an expensive ignition control device. However, even in the face of incriminating breathalyzer tests, there are numerous defenses to a DUI charge. It is important to hire a competent attorney to present your defense.

First, a driver should examine evidence concerning the initial encounter with law enforcement. If a driver did not violate any traffic laws, and there was no reason for a traffic officer to stop him, the traffic stop can be challenged in court on constitutional grounds. If a Judge rules that the initial stop was improper, the court can suppress any evidence obtained after the unconstitutional activity. Absent any other admissible evidence of intoxication, the DUI charges will then be dismissed.

Second, experienced criminal defense attorneys will analyze whether the results of any administered blood, breath, or urine test are admissible under state law. In general, test results cannot be introduced as evidence if:

1. Tthe test was not timely administered
2. Proper procedures were not followed during testing
3. Any samples were not properly marked and stored. Attorneys will also utilize experts to determine whether the person taking the samples was properly certified and trained.

If the matter proceeds to trial, a driver may present witnesses to refute the police officer's observations which led to the traffic stop, or testify that a driver was not intoxicated. Drivers may also introduce the testimony of experts who can challenge the accuracy of any blood alcohol tests.

In addition to the proceeding in criminal court, the state licensing division may suspend a license unless the driver timely requests a separate administrative hearing. The hearing is similar to a trial.

A driver can challenge the incriminating evidence, subpoena witnesses, and present oral argument. If successful, a driver's license will not be suspended regardless of any pending criminal charges.