DUI Conviction: What does it Take to Make a Strong Defense?

by Lisa Coleman on October 3, 2013

  • Sharebar

DUI Conviction: What Does it Take to Make a Strong Defense?

Defending against a charge for driving under the influence can be difficult because all state courts are very serious about prosecuting impaired driving. However, many cases are prosecuted on borderline evidence and can be defended by an experienced DUI attorney if the case particulars are aligned correctly.

Many officers will arrest a suspected impaired driver with a blood alcohol content level below the .08 national standard because there is still the possibility of a reckless driving conviction. Even though reckless driving is not considered driving under the influence and will not affect subsequent intoxicated driving charges, it still can present a problematic criminal history. But, there is a significant difference between the two.

Evidence Examination

Charges for driving under the influence are not automatic convictions. The arrest report contains contestable information used to charge the individual, including a mechanical breathalyzer reading. Breath analysis in charges for driving under the influence of alcohol is far from an exact science, and even analyzer certification and maintenance records can be used to defend against the charge.

Field sobriety breath analysis is not admissible in court as material evidence, even though they can be part of the testimony presented by the arresting officer. Additionally, arrests performed by a single officer do not have corroborating testimony from the scene. An experienced DUI attorney is also an officer of the court and can possibly lessen the impact of officer testimony.

Controlled Substance DUI

There are several reasons that an individual can be charged with driving under the influence that are associated with non-alcoholic substance. Taking prescribed medications while driving is not necessarily allowable under the law, but there are many scenarios where a controlled substance DUI can be argued to an adjustable charge, if not dismissed completely.

Depression medications can instigate drowsiness, but proving impairment levels is difficult because there is no machine that definitively indicates intoxication. Daily medications do have an active period within the body and they can be detected through blood analysis, but latency and activity can be difficult to pinpoint.

Many prosecutors are reluctant to convict an individual with medical problems unless the charge contains extenuating circumstances, so charges stemming from borderline evidence can be defended effectively by an experienced DUI attorney. This can occur even with a blood test that shows presence of the medication. However, remember that this does not necessarily apply to DUI based on an illegal controlled substance.

Taking a Case to Trial

Prosecutors do not like to present DUI cases in trial because of time management reasons and the possibility of losing in court. This can be a very effective negotiation tool for an experienced DUI attorney who thinks he can prove beyond a reasonable doubt that the defendant was not impaired. Even a reduction to a reckless driving charge can be a much more desirable outcome than a DUI conviction for many reasons, such as jail time and excessive fines, along with alcoholic drivers education program assignment.

It is important to choose a local experienced DUI attorney, such as a Philadelphia DUI attorney if charged with a DUI in Philadelphia, who has a good track record of defending clients who have been charged with unreasonable impaired driving charges. The officer’s testimony alone is enough to secure a conviction against a novice defendant.

Hiring an attorney can make a major difference in lessening the negative impact that a DUI conviction can have on an individual’s life. Always get an experienced DUI attorney, and get one who will fight to defend your rights in court.

Legal researcher Lisa Coleman shares that it is possible to fight a DUI in court, especially when you have an experienced DUI attorney fighting for you. She recently read online at http://www.kellislaw.com how the law offices of Steven E. Kellis, a Philadelphia DUI law firm, is equipped to counsel and defend a person who has been charged with a DUI within the state of Pennsylvania.

Lisa Coleman
Lisa Coleman enjoys writing about her passions, which include law, animals, family, hobbies and travel.

No related posts.

Previous post:

Next post: