You Can Mount Multiple Defenses In A DUI Case
When thinking about presenting a DUI defense, it's easy to get tunnel vision and focus on the idea of presenting one defense. Many people are unaware that they may even be able to present multiple arguments in their cases. A DUI lawyer will often prefer to attack the state's case on multiple fronts. Here is how they might approach the problem of presenting multiple defenses.
Procedural Defense
Regardless of the type of defense you settle on, you always have the right to raise questions about police and court procedures. Typically, this means raising questions about how the cops conducted the traffic stop or the field sobriety test. For example, the cops can't pull you over without a reason. Even if they're conducting a traffic sweep with a roadblock, they have to demonstrate that they were pulling a predictable number of cars from the line in a sensible pattern. Otherwise, the cops have to show that they had reasonable suspicion for stopping you in the first place.
Similarly, the police have to progress through the field sobriety test in an orderly manner. During the discovery process, a DUI defense lawyer might demand the cruiser's dash camera footage. The footage could show that the officer skipped a key step. Consequently, your lawyer will likely ask the judge to dismiss the case.
Technical Defenses
Alongside the procedural arguments, you can also mount a defense based on the technical limitations of the case. If the cops pulled you over initially for speeding, your DUI lawyer might question the validity of the radar gun reading. Similarly, they can question the breathalyzer's performance. Once more, your lawyer can use the discovery process to collect maintenance logs and even check for product recalls on the systems.
Medical Defenses
Another defense that may work alongside the others is a medical defense. If you were legally using a prescribed drug, for example, that might explain some of the cops' claims about your apparent condition. Bear in mind that the drug needs to be one that doesn't advise against driving while on it.
Some people also suffer from conditions that may cause positive tests. A small percentage of the population has auto-brewery syndrome, a disorder where their gut ferments digested food and produces high blood-alcohol content readings.
Factual Defenses
You have the right to present a defense based on the facts. For example, you might argue that the cops were targeting a similar car but got the wrong driver.
Reach out to a local DUI lawyer for more info.
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