Five Huge Mistakes Made in DUI Defense Cases

by Saamb on January 2, 2013

  • Sharebar

Even the most experienced attorneys can mistakes from time to time, but if any of the following mistakes happens during your DUI trial, your chances of being convicted will be higher. In order to avoid dealing with these huge mistakes, you should take the time to discuss the defense strategy with your attorney. It is also important to always hire an attorney who specializes in DUI cases. After all, a lawyer who has never worked on a DUI case before is much more likely to make one or more of the following five mistakes.

1. Claiming the Officer Lied – If an attorney tries to call the officer’s testimony into question by claiming that he or she is lying, they will make both themselves and their client look bad. Therefore, instead of taking this approach, it is better to try to raise doubt in the judge’s mind about whether or not the officer might have simply made a mistake. By doing this, the officer’s integrity will not be called into question, and you will not have to try to prove that they actually lied.2. Failing to File a Motion to Suppress – Every DUI attorney should start their defense by filing a motion to suppress. Regardless of whether or not the motion is successful, it will give the attorney an opportunity to question the officer, and this can provide valuable evidence that can be used during a trial. For example, if the officer’s story changes even a little bit between the pre-trial hearing and the actual trial, this might help you get an acquittal.

3. Pleading Guilty – Some cases might seem extremely difficult to win from the onset, but a good attorney will always find a way to make a good argument. After all, even if their client was busted with a blood alcohol content that was double the legal limit, it can still be argued that the breathalyzer test was not calibrated properly or that the officer pulled them over without a probable cause. Therefore, the attorneys at  Levow and Associates suggest that you should always at least consider fighting the charges.

4. Not Trying to Prove that the Breathalyzer Test could have been given Inaccurately – The number one issue with breathalyzer tests is that they have to be calibrated to suit exact situations. Therefore, it is actually extremely common for them to provide inaccurate results. If an attorney does not take the time to address this potential issue, they are definitely doing their client a disservice. A lot of DUI cases are won because the judge or jury has been convinced that the breathalyzer failed, so this is always a tactic that is worth pursuing.

5. Putting Your Client on the Stand – If you are an attorney and you purposefully call your DUI client to the stand, you might cause yourself to lose the case. Even if your client is actually innocent, they are most likely going to feel really nervous, and this might be interpreted by a jury as a sign of guilt.

If you are trying to hire an attorney and they are not interested in actually fighting for you, then you should not let them represent you. After all, a DUI conviction will have a negative impact on your entire life, and you deserve an attorney who understands that and will fight for you.

Saam Banai is a freelance writer and editor and advocate for a strong defense whatever the situation might be. In the event of being charged with a DUI it’s important that you have an attorney that it going to fight for you and have your best interests in mind. As a firm specializing in DUI defense, Levow and Associates is knowledgeable in the proper, aggressive tactics to alleviate the charges against you.

No related posts.

Previous post:

Next post: