DUI cases can be won by defending them zealously and by understanding the science behind DUIs. A knowledgeable and experienced attorney can defend DUI cases. When somebody is arrested for a DUI and a police officer writes a report, they are going to include all of the bad information and all of the negative facts. They are going to write a report to try to get a conviction and convince a jury that the person was impaired for purposes of driving.
The way that DUI cases can be won is by conducting a thorough investigation by looking into what is behind the police report and what is behind the police department’s investigation. It’s not enough to look at a blood test number and say, “It’s a 0.08 and 0.08 is the legal limit, so therefore, we are done.” We really start with the police report and the chemical test, and we then have to break the case down. We have to look into all of the supporting documentation and backup documentation. We need to look at the officer’s experience in training.4
Just as important as how somebody performed on the field sobriety tests is how the officer did on the field sobriety tests, because if the police officer did not give the field sobriety tests correctly or does not know how to grade or score a field sobriety test, then the tests are not trustworthy and not reliable. So it’s the backup documentation on the chemical testing breath or blood and the backup information about the officer’s training and experience that are important in working on the defense of the case.
There are scientific defenses where we find errors in the chemical testing. There are factual defenses as far as whether the person was or was not impaired for purposes of driving or maybe they weren’t driving at all. There are also legal defenses to DUIs; there are certain constitutional rights people have and certain police procedures and policies that must be followed, and there are legal requirements that must be met in order to justify a stop, a detention, and ultimately an arrest and a properly administered chemical test.
If there are any deficiencies or problems with the legal aspects of the case, a DUI case can be won on legal or constitutional grounds. There are many ways to beat a DUI, but that’s going to be different from case to case and from person to person.
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