What Are the Best DUI Defense Strategies?

A DUI arrest can be devastating — particularly if it leads to a conviction. Steep fines, potentially losing your driver’s license, or the shame of driving around with yellow OVI plates on your vehicle are just the beginning of your problems. A criminal record, loss of your job and the inability to get a new one, and financial woes can haunt you long-term after a DUI conviction.

If you’re stopped for a DUI, you need to have an understanding of effective DUI defense strategies that can help you from the moment you roll down your window.

Know Your Rights

When you’re pulled over because of suspicion of DUI, the police officer will typically ask you to take a series of tests. There are three standard field sobriety tests: the Horizontal Gaze Nystagmus (in which an officer moves a pencil or fingertip to test eye movement), the one-legged stand, and a test that requires a person to walk a straight line. The results of these tests are highly subjective and most people aren’t aware that they may decline to take them.

You can also refuse to submit to a Breathalyzer test. However, there are consequences to this refusal. When you get a driver’s license in the state of Ohio, you automatically consent to a breath test if you’re ever pulled over for DUI. Refuse to take this test and your license will automatically be suspended.

Don’t Get Chatty

One mistake people frequently make is assuming that if they simply explain the circumstances surrounding the incident to the arresting officer, everything will be overlooked and they’ll be sent on their way. This is a huge mistake. From the time that the traffic stop begins, everything you say and do can and will be used against you. That’s why this is part of the spiel that officers recite when they make an arrest. Attempting to explain that you only had one beer too many or that your house is only half a block away will only hurt your case. Keep quiet and insist that you need to call your attorney.

The Best of DUI Defense Strategies: Hire Competent Legal Help

Refusing field sobriety tests and keeping quiet during an arrest will help, but at the end of the day, you’re going to need a skilled, experienced DUI attorney to help sort out your case. Knowing what to look for in a DUI defense attorney is important in getting the best possible outcome.

What kinds of things will an experienced DUI attorney know? For one, they’ll be extremely familiar with the kinds of forensic evidence that is frequently used in these kinds of cases. If you don’t refuse to take a Breathalyzer test, the results of this will likely be presented as evidence against you. However, specific guidelines must be followed in order for the test results to be accurate.

For instance, if officers didn’t observe you to ensure that you didn’t vomit or put anything in your mouth for 20 minutes prior to taking the test, the results may be flawed. Having an attorney that is aware of this is important.

Other forms of evidence may also be thrown out as invalid, so working with a lawyer who is familiar with DUI defense strategies around the evidence that is admissible in these kinds of cases may make the difference between a conviction or an acquittal.

Even if a conviction is looming, an experienced DUI attorney can help you negotiate and get a lesser charge. This could mean the difference between jail time and fines or community service. Of all the DUI defense strategies, having a dedicated DUI attorney is the most important in helping you put this case behind you and move on with your life.

What To Look For in a DUI Defense Attorney

It can all happen so quickly: You have one too many drinks and before you know it, there are red and blue lights flashing in your rear-view mirror. Now more than ever, you need a good DUI defense attorney.

One bad, split-second decision can result in an avalanche of long-term problems. A DUI can result in expensive fines. You could lose your vehicle. If it’s not your first time getting a DUI, your driving privileges could be restricted and you could be forced to put yellow OVI plates on your vehicle. You could even face mandatory jail time.

All of this adds up to more than paying off fines. The loss of your vehicle could mean that you can no longer get to and from work. Yellow plates and jail time can impact your reputation and your career. DUI penalties can affect you for years down the road. To avoid this, you need an experienced DUI defense attorney.

Knowledge of Forensic Evidence

You’ve seen it play out on countless courtroom TV shows. The defendant denies that he murdered the victim, but — Aha! — the prosecutor has DNA evidence linking the defendant to the crime scene. This results in a guilty verdict.

Forensic evidence is also used to prove DUI cases, but it isn’t always so cut-and-dried. This is why it’s important to hire a DUI defense attorney who is familiar with the types of forensic evidence that may be used against you. They should also be educated on the appropriate means of collecting that evidence.

Breathalyzer tests, for instance, are particularly fraught with problems if they’re not administered correctly. Did you know that an officer must observe you for 20 minutes before giving you the test? This is because if anything enters your mouth during that time, it could compromise the results of the test.

Other Evidence That May Be Challenged

Especially if it’s your first time being pulled over for a DUI, you’re likely unfamiliar with the way officers must conduct themselves during this kind of traffic stop. You might not even remember what happened during your particular stop. However, there are rules in place regarding the way evidence can be obtained. There are also training and guidelines around how field sobriety tests are given and judged.

An experienced DUI defense attorney is familiar with the entire DUI arrest procedure, so they know when a piece of evidence seems fishy. They can review the police dash cam video to determine if your field sobriety test was conducted and assessed in an appropriate manner. After looking at all of the pieces of the case against you, your attorney will fight for invalid evidence to be thrown out.

A DUI Defense Attorney Can Help You Negotiate

What if you feel your case is rather straightforward? You were definitely under the influence when you were pulled over and you don’t deny it. Now, you simply want to pay the penalty and move on with your life.

That last bit is key. If you truly want to move on with your life, it’s important that you hire a DUI defense attorney who can negotiate the best outcome for your case. While it may be tempting to represent yourself and throw yourself on the mercy of the court, this guarantees harsh penalties that could negatively impact your ability to lead a productive life. A DUI defense attorney can help you navigate the legal system, negotiating lesser penalties for your case.

In hiring a DUI defense attorney, experience is key. General courtroom experience is not enough; they need to have handled a wide range of DUI cases. They should be well-educated on how field sobriety and Breathalyzer tests work. Finally, you want an attorney who will work hard to negotiate your penalties down if they can’t get your case completely dismissed. A competent attorney will be your advocate in court, helping you to put the case behind you and move forward in a positive way.

If you have been charged with a DUI/OVI or any other alcohol-related crime, DUI defense attorney Matthew C. Bangerter, ESQ. can help. Click here for an initial consultation or call (440) 241-4237 to start planning your defense.