5 Common DUI Defense Strategies
by Lewis & Laws
5 Common DUI Defense Strategies
Being arrested and charged with DUI can be a nightmare. Drivers may suddenly find themselves behind bars, facing not only the loss of their driver's license but additional criminal charges as well. During this time, it is important to act quickly to secure legal representation. You have a right to build a solid defense against these charges from the moment of your arrest.
At Lewis & Laws, PLLC, our Seattle DUI defense attorneys know that DUI convictions can adversely affect your entire life. They may even result in the loss of your professional license or employment. Fortunately, there are numerous defense strategies we can use to have the charges against you reduced or even dismissed altogether. Some are pretrial defenses, while others are trial defenses. Here are the five most common DUI defense strategies.
Top 5 DUI Defense Strategies
#1 - Illegal Search and Seizure
The Fourth Amendment requires that police must have a valid reason for stopping you and pulling you over. If the officer did not have a valid reason for stopping you, then you can challenge the stop. In this case, all evidence that proves your DUI guilt would be tossed out of court.
#2 - Coerced Compliance with Voluntary Tests
When an officer pulls you over for DUI suspicion, they may ask you to take a roadside test. This test is voluntary and not required by law. While you are required by law to submit a blood or breath test, you are not required to take a roadside sobriety test. Officers may coerce you or force you to take this test, however. If the judge agrees that the tests were involuntary, then this evidence will be thrown out of court.
#3 - Unreasonable Length of Detention
An officer may not detain you for an unreasonable amount of time. A lengthy delay may violate your constitutional rights and could mean that any evidence gathered during that time is inadmissible.
#4 - Miranda Violation
When an officer arrests you for DUI, they must read you your Miranda rights. They are not allowed to question or interrogate you without first reading you your rights. These rights include the right to remain silent and request an attorney. If they fail to read you these rights, the statements you made during interrogation may be tossed.
#5 - Non-Compliance with Administrative Rules
Breath test operators, inspectors and arresting officers have rules they must follow to ensure that the results are accurate. If they fail to follow these rules, the results of breathalyzers may be considered inaccurate and invalid. Some of those rules include ensuring that the person taking the test has not had anything by mouth or regurgitated for at least 20 minutes prior to taking the test. Also they must secure at least two samples from the machine.
These are just a few examples of defenses your attorney can use to help defend against DUI charges. To build your defense, our attorneys will need to examine all the details surrounding your stop, testing and arrest. In many cases, there are ways we can have the charges against you reduced to negligent driving or reckless driving.
Arrested for DUI? We Can Help!
If you were arrested and charged with a DUI, it is important to know where you can turn for help. To protect your rights and your freedom, you need an experienced Seattle DUI defense attorney on your side.
The experienced lawyers at Lewis & Laws, PLLC, have successfully defended clients in Seattle, Bellevue, and Kirkland. Contact us today at 206.209.0608 or fill out our confidential contact form. We know how to fight criminal charges aggressively. Call us today!