In this article, you will learn…
- What information an attorney will need from a client on their DUI case,
- What defenses could work to get a DUI case dismissed, and
- How to respond if you’re pulled over on suspicion of impaired driving.
What Initial Information Do You Need From A Client To Represent Them On Their DUI Case?
The initial information needed from a client to represent them in a DUI case is…
- Which court are you going to be in,
- When did the DUI charge happen, and
- What are the timelines we have to respond to?
From there, your attorney will gather…
- The police report,
- Any video evidence,
- Any audio evidence, and
- Any witness statements.
Your case is often not about what you think or even know what happened. We review the evidence against you and analyze how your case may go within the court system. We try to look at the evidence from the prosecutor’s perspective and how they might use it against you.
All of this evidence and our analysis would then be discussed in the initial consultation with you. We try to give you a good idea of what we’re looking at and working with. In general, we try not to tell you what will happen, because nothing can be guaranteed. What we can do is look at the evidence, see how strong the prosecutor’s case is, and then discuss the best options for your situation.
Are There Any Defenses That Actually Work In A DUI Case?
Yes, there are some defenses that do actually work in a DUI case. Even if you feel you may be dead to rights, there may be a mistake or error that was done in your processing by law enforcement.
Some errors that could lead to your breath test being thrown out of evidence are…
- The officer didn’t know how to operate a breath test machine,
- The officer wasn’t qualified to operate the breath test machine,
- The officer didn’t have an operator’s license for the breath test machine,
- The breath test machine was out of service, or
- The breath test machine wasn’t working properly.
If the breath test is thrown out due to the officer’s error, the judge then has to determine whether or not the prosecutor has sufficient evidence without it to prove their case against you.
An attorney will closely analyze evidence and police reports throughout the process to identify any discrepancies which can be used in your defense. If the only solid evidence the prosecutor has against you is the breath test and we’re able to get that thrown out, it could lead to an outright case dismissal.
Another defense that could lead to a dismissal is to prove that the officer didn’t have grounds to stop your vehicle in the first place. If you weren’t violating any traffic laws and the officer simply stopped your vehicle without any legitimate cause, the entire evidence that stemmed from that stop could be excluded. At the point that all evidence is excluded, your entire case could have to be thrown out.
As A DUI Attorney, What Would You Do If You Were Pulled Over By An Officer Suspecting You Of Being Under The Influence?
Hopefully, you never put yourself in a position to be under the influence and driving. That said, it is true that it isn’t illegal to drink and drive. It’s only illegal to drive when you’re impaired by drinking.
If an officer suspects that you’re under impairment and they’re asking you to perform a field sobriety test or a portable breath test, it’s always best to be calm and polite. Respectfully decline the tests and to answer any questions. Tell the officer that you understand that he has a job to do, but you’re not going to do any tests, you’re just looking to get home, and ask them if you’re free to leave.
Each particular case will have different factors that could potentially lead to different outcomes and different answers. The best defense against a DUI is to never drive when you’ve had anything to drink.
For more information on Aftermath Of A DUI Arrest In Washington, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (253) 222-4878 today.