Facing a DUI charge can be overwhelming, but there are several defense strategies that can be employed to challenge the prosecution’s case. Understanding these strategies can help you and your attorney build a strong defense.

Presumption of Innocence and Burden of Proof

In any criminal case, including DUI charges, the presumption of innocence is a fundamental right. This means that you are considered innocent until proven guilty beyond a reasonable doubt. The burden of proof lies with the prosecution, which must establish every element of the DUI charge with solid evidence. Your defense attorney can work to highlight any weaknesses in the prosecution's case, emphasizing that any reasonable doubt should result in your acquittal. This principle is the foundation of your defense strategy and ensures that the prosecution cannot rely on assumptions or incomplete evidence.

Challenging the Traffic Stop

One of the first lines of defense in a DUI case is challenging the legality of the traffic stop. Law enforcement must have a valid reason, or "probable cause," to pull you over. If your attorney can demonstrate that the officer lacked probable cause or violated your constitutional rights during the stop, any evidence obtained thereafter, including evidence of intoxication, could be deemed inadmissible in court. This strategy can significantly weaken the prosecution’s case and may even lead to a dismissal of the charges.

Questioning Field Sobriety Tests (FSTs)

Field sobriety tests (FSTs) are often used by officers to establish probable cause for a DUI arrest. However, these tests are subjective and can be influenced by various factors, such as the officer’s judgment, weather conditions, or even your physical condition. Your attorney may challenge the validity of the FSTs by questioning the officer’s training, the conditions under which the tests were administered, or whether the tests were conducted according to standard procedures. By casting doubt on the accuracy of the FSTs, your defense can undermine the prosecution's case against you.

Problems Analyzing Breathalyzer Tests and Blood Tests

Breathalyzer and blood tests are commonly used to measure blood alcohol concentration (BAC). However, these tests are not infallible. Breathalyzer devices can be prone to mechanical errors, improper calibration, or incorrect administration. Blood tests, on the other hand, can be contaminated, mishandled, or inaccurately analyzed by the lab. Your attorney may investigate these aspects to challenge the reliability of the test results. If the accuracy of your BAC reading is in question, it can cast significant doubt on the prosecution's evidence of impairment.

Final Thoughts

There are a number of ways your Wellington DUI Defense Attorney could defend you and present your innocence. If you’ve been caught in a DUI situation, get help as soon as possible. Getting started early on a defense strategy is incredibly important.