A DUI case is just like other criminal cases in the way that the prosecution has the burden of proving the accused’s guilt beyond a reasonable doubt. This is a heavy burden. In fact, it is the highest standard in the U.S. legal system. It also means that, as a person facing a DUI charge, you are innocent until your guilt is proven beyond a reasonable doubt.
There are a number of ways to avoid your DUI charge from turning into a criminal conviction, but the precise defense that can be used will depend on a number of factors specific to your case. Let’s take a look at some of the more commonly utilized DUI defenses.
Most Common DUI Defenses
Because the prosecution has the burden of proving your guilt beyond a reasonable doubt, one of the most effective criminal defense strategies is working to undermine whatever case and whatever evidence the prosecution may have been building against you. In a DUI case, evidence may be undermined or even thrown out entirely when the proper defense strategy is employed. Take, for instance, when the prosecution seeks to use field sobriety test results in their case. Not only can field sobriety tests be unreliable in the best of circumstances but there are a number of ways their results can be challenged. For instance, if the test was not properly administered or the officer conducting the test was not properly qualified to do so, the test results may be thrown out by the court entirely.
Blood tests and breath tests can also be challenged. These tests must be properly administered. Any lab samples must be properly maintained and processed. Any errors along the way could result in successfully challenging the validity of the test results and could result in them being deemed inadmissible. This can be fatal to the prosecution’s case which can heavily rest on these objective test results to help secure a conviction.
Evidence can also be thrown out in the event that it is determined that law enforcement violated your constitutional rights by pulling you over without probable cause. It can also be asserted in some cases that law enforcement violated your constitutional right when they conducted an unlawful search and seizure of your person or your property.
You see, law enforcement officers cannot pull over anyone just because they feel like it nor can they search a person or their property because they feel like it. Officers must have a well-founded belief that a person has committed a crime or is in the process of committing a crime. Without such probable cause, anything stemming from the unlawful search and actions of the officer can be deemed inadmissible in court. Again, this can be fatal to a prosecutor’s case as they heavily rely on evidence gathered by law enforcement in building their case against a defendant.
Kentucky Criminal Defense Attorneys
Facing a DUI charge can be stressful, but it is not the end! Let the tenacious team at Dickman Law Offices fight for you against all charges. Contact us today.
Posted in: Drunk Driving, DUI