Introduction
Hiring the right drunk driving defense attorney can make all the difference in how your case proceeds and what the final outcome will be. When charged with a DUI or DWI, having experienced legal counsel on your side to advocate for you is crucial.^1 This guide will help you understand the role of a drunk driving defense attorney and how to choose the best one to represent you.
The Value of Retaining a drunk driving defense attorney
- They understand DUI law and defenses inside and out. This specialized knowledge can uncover defenses and negotiating options you may not be aware of.
- They have experience representing local DUI cases. An attorney familiar with prosecutors and judges in your jurisdiction may be better positioned to negotiate or identify weaknesses.
- They oversee building a strong defense strategy using legal and scientific defenses. The goal is either beating the charges or reducing penalties.
- An attorney immediately gets to work protecting your rights and walking you through what to expect. You won’t have to navigate the complex legal system alone.
Services a Skilled drunk driving defense attorney Can Provide
Investigation of the Arrest
Examining how the traffic stop, field sobriety tests, and chemical test were all conducted is crucial. Minor errors or lack of sufficient evidence of impairment could potentially invalidate the DUI charges altogether or weaken the prosecution’s case.^2
Negotiating with the Prosecutor
An attorney knows what arguments and defense strategy puts you in the best position to negotiate with the prosecutor. They can advocate for reduced charges or lighter sentencing given the circumstances.
Trial Defense
If negotiating a deal isn’t in your best interests or unsuccessful, a drunk driving defense attorney can mount an aggressive trial defense focused on creating reasonable doubt regarding the validity of evidence and interpretation of results. Expert witnesses may also be called to testify when scientific or technical information requires clarification.
Sentencing Advocacy
If found guilty, your drunk driving defense lawyer will still advocate for the lightest sentencing allowed. This can involve highlighting mitigating factors and presenting character evidence.
Choosing the Right drunk driving defense attorney for Your Case
Defense lawyers have various backgrounds, credentials, skills and level of experience. With your freedom and future at stake, take care in researching and choosing representation. Factors to consider include:
Specialization
- An attorney exclusively practicing drunk driving defense often has deeper knowledge of DUI laws and scientific defenses.
Experience
- Look for ample experience specifically handling DUI cases – several years and dozens of cases.
Track Record
- Ask about recent case results and success record dismissing charges or achieving not guilty verdicts.
Credentials
- Well-respected certification in DUI defense from the NCDD shows commitment to continuing drunk driving defense education.
Cost
- Rates and fee structures vary significantly. Clearly understand options before entering a fee agreement.
Rapport
- You want an attorney who listens, answers all questions, and eases your mind. This stressful situation requires a compassionate yet aggressive legal advocate.
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Key Defenses a drunk driving defense attorney May Use
There are a variety of defenses a skilled drunk driving defense attorney will evaluate and potentially employ to challenge the prosecution’s claims and evidence. Some include:
Illegal Traffic Stop
Demonstrating the officer lacked reasonable suspicion of impairment or violation of traffic laws. Any evidence gathered after an illegal stop can be suppressed.
Faulty Field Sobriety Testing
Identifying deviations from proper protocol or inaccurate interpretation of results. Scoring errors can invalidate test results showing signs of impairment.
Failure to Prove Operation of Vehicle While Intoxicated
A lack of direct evidence you operated the vehicle or timeline establishing intoxication while driving casts reasonable doubt.
Inaccurate Blood, Breath or Urine Test Results
Identifying improper testing methods, equipment calibration issues, or disease/medication/ supplement causing elevated results despite no impairment. Expert testimony can educate the jury on scientific limitations.
| Defense Approach | Possible Outcomes |
|---|---|
| Suppress Key Evidence | Charges Reduced or Dismissed |
| Negotiate with Prosecutor | Reduction in Sentencing |
| Attack Probable Cause Leading to Arrest | Acquittal (Not Guilty Verdict) |
Having an experienced local drunk driving defense attorney fully investigate what transpired during your arrest and thoroughly evaluate potential defenses is crucial. What may seem like a clear cut DUI case may have weaknesses a skilled lawyer can expose and shift the advantage to your side.
No two cases are exactly alike, but with an aggressive defense anchored in factual evidence and science, beating a DUI or DWI changes from highly unlikely to a distinct possibility. The penalties for drunk driving convictions can disrupt lives and futures. So don’t leave yours to chance – get an excellent lawyer and give yourself the best shot at the best possible result.
