Some have called us and asked, “What goes into successfully defending my DUI case?” While many will seek out the assistance of an experienced DUI lawyer, others may be interested in defending their own case. As a law firm that's been working since 2005 to defend clients charged with a DUI, we have some strategies and tips to help.
What Is the Best Way to Successfully Defend My DUI Case?
The number one way to increase your chances of successfully defending a DUI case is to hire a DUI lawyer. It's almost impossible to win a DUI case pro se or defend yourself. Of course, there's an old adage that says, “The person who represents himself has a fool for a client,” and that's absolutely true in DUI cases, as well. You have to hire somebody who knows what they're doing to defend you in a DUI case.
Is it a Refusal Case?
Other than that, successfully defending your DUI case begins with asking, “Do I have a refusal case?” In other words, do you have a case where you did the test? A refusal case is where you have been asked to give blood, breath, or urine, and you've refused.
A refusal case is ten times easier to win than a case where you've given blood, breath, or urine and been over the limit. If there is no result, then all the government has usually is your performance on field sobriety tests and how you look on video. Some past clients of ours have gotten acquitted on the basis of these videos, whether the field sobriety tests were conducted improperly or there's no sign of intoxication.
When you're dealing with a case where you've given a test, it's much more difficult to win, but knowing it's not it's definitely not impossible. Below are some defense tactics to deal with this setback:
Look for Ways to Invalidate the Test Results
Cases with invalidated test results are functionally the same as refusal cases. You'll want to look for something that could have caused an inaccuracy, particularly for a breathalyzer test. The officer may not have waited for 15 minutes or calibrated it properly before giving it to you. You also may have a medical condition or take a certain medication that is known to give false positives on breathalyzer tests. Examining it from any of these angles will cast doubt on the test results and make your guilt that much more difficult to prove.
Examine Rights Violations
If the test results can't be invalidated, you may want to check and see if your rights were violated at any stage during proceedings. You have countless rights protected in the United States Constitution, Georgia Constitution, and Georgia statutes, but the three most important are what's known as Boykin Rights. These are the right to trial, against self-incrimination, and to confrontation. Here is a brief look at each:
- Right to trial: You always have the right to a jury trial in a DUI case. Some cases won't be heard before a jury, but an official of the law should never make it seem like you don't have this right available.
- Right against self-incrimination: If you fear certain information may incriminate you, you have the right to remain silent. This right also includes the ability to refuse tests such as field sobriety tests.
- Right to confrontation: You have the right to confront witnesses, also known as cross-examination. Trial proceedings should always give you a chance to exercise this right.
Rights violations demonstrate injustice and can lead your case to be dismissed.
Successfully Defending Your DUI Case is a Call Away — Contact Brett Willis Law
It bears mentioning again — the best way to successfully defend your DUI case is to contact an experienced lawyer like Brett Willis. Without years of legal experience, it can be easy to miss a small detail that could get you the acquittal you need. Take the first step towards successfully defending your DUI case — contact us today.