A DUI is a serious charge, and one that carries some hefty legal penalties, including fines, suspension of your driver’s license, or even jail time. If you are facing DUI charges, don’t panic–instead, turn to our team at GPS Law Group to get the skillful defense that you need. In this article, our team will go over three of the most tried-and-true DUI defense tactics that we employ in order to help reduce your sentence or even get your charge dismissed.
- Officer failed to follow proper field sobriety test protocol- One DUI defense tactic that we might use is to argue that the officer who stopped you failed to follow the proper protocol for a field sobriety test. There are specific procedures that must be followed during these tests, and an officer’s failure to do so may be enough to suppress any evidence that was gathered during the test. This tactic is often especially effective if the officer in question engaged in disrespectful, inappropriate, or overly intimidating behavior toward you.
- Officer failed to read you your Miranda rights – Another factor that can play into a DUI defense is an officer’s failure to issue a Miranda warning–that is, to inform you of the rights you have while under arrest, and to warn you that any statements you make may be used against you in a court of law. Your Miranda rights include the right to remain silent, the right to an attorney, and the right to court-appointed counsel if you are unable to afford to hire one yourself. If an officer fails to issue these warnings, any evidence gathered thereafter will likely be excluded.
- Blood sample was not analyzed properly- A third DUI defense tactic we might use is to argue that your blood sample was not properly analyzed, tested, or stored. After making a DUI arrest, police must arrange for blood-alcohol analysis to be conducted by a trained and licensed phlebotomist, and that analysis must be completed within reasonable time limits. If there was an unreasonable wait time for the results of your sample, or the testing was conducted by an untrained technician, we can use these facts as defensive measures against their results.