DUI Defense Strategies
The defense strategy depends on the unique facts of each DUI case
Every single DUI case is different, and each individual case involves a lot of details. It is up to the prosecution to overcome the burden of proof, and make sure every detail is in place to obtain a guilty verdict.
It is the defense attorney’s job to explore the gaps, holes, and mistakes in the prosecution’s case. An experienced DUI defense lawyer who knows the law well can determine the best strategy to use. Bearing in mind that no two cases are alike, here are some examples of popular defense strategies:
- The driver may have had a drink or two, but was not impaired to the point of not being able to operate a vehicle. Was there evidence of swerving or any other actions which indicated impairment?
- Involuntary intoxication may even be a defense. A driver had been taking a medication with no problems for two or three days, when all of a sudden there was an adverse reaction causing a sudden drop in blood sugar. There was no evidence of alcohol or drugs of any kind in the blood sample.
- The officer administering the field sobriety test was not certified to give the test or even determine the results. The field sobriety test may also have been done in a difficult environment (like an uneven roadway).
- After the driver blew into the machine, there were questions about the chain of custody involved with the breathalyzer (Draeger) test.
Was the breathalyzer properly and recently calibrated so that the reading was accurate?
- A medical condition caused the driver to seem intoxicated when, in fact, that was not the case.
- Blood or urine tests may have been done by an unqualified person – or the chain of custody may have been broken.
At the Amari Law Firm in Birmingham, we will examine all the evidence and all the circumstances surrounding the DUI arrest. When necessary, we even bring in experts to testify about medical conditions and other factors.
As Soon as You Can, talk to Our Experienced Vestavia Hills DUI Attorneys. 205-655-8484
Do not try to explain the circumstances to police officers. They are looking only for evidence against you – evidence that justified the decision to stop and arrest you. Protect your rights. Contact us for a free initial consultation.