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Common DUI Defense Strategies: Challenging Evidence & Procedures

Being charged with a DUI (Driving Under the Influence) can be a daunting and overwhelming experience. However, with the right defense strategy, you can challenge the evidence and procedures used against you and potentially have the charges reduced or dismissed. In this blog post, we will discuss five effective DUI defense strategies that can be employed by a skilled criminal defense attorney like the team at Pariente Law Firm, P.C. Remember, every case is unique, so it's essential to consult with an experienced attorney to determine the best approach for your specific situation.

1. Challenging the Legality of the Traffic Stop

One of the first things your attorney will examine is whether the police officer had a valid reason to stop your vehicle in the first place. In order for a traffic stop to be legal, the officer must have reasonable suspicion that a traffic violation or criminal activity has occurred. If your attorney can prove that the stop was unlawful, any evidence collected during the stop, including field sobriety tests and breathalyzer results, may be deemed inadmissible in court. This could lead to the dismissal of your DUI charges.

2. Questioning the Accuracy of Field Sobriety Tests

Field sobriety tests (FSTs) are often used by law enforcement officers to determine if a driver is impaired. However, these tests can be unreliable and are subject to human error. Some common issues with FSTs include:

  • Improper administration of the tests by the officer
  • Physical or medical conditions that may affect the driver's performance
  • External factors such as poor lighting or uneven surfaces

Your attorney can challenge the validity of the FSTs administered in your case by presenting evidence that these factors may have contributed to your poor performance on the tests. If successful, this could weaken the prosecution's case against you.

3. Disputing the Results of Chemical Tests

Breathalyzer and blood tests are used to measure a driver's blood alcohol content (BAC). However, these tests are not infallible and can produce inaccurate results. Some potential issues with chemical tests include:

  • Improper calibration or maintenance of the testing equipment
  • Errors in the administration of the test by the officer
  • Contamination of the blood sample

Your attorney can investigate the circumstances surrounding your chemical test and present evidence that calls into question its accuracy. If the court finds that the test results are unreliable, they may be excluded from the case, making it more difficult for the prosecution to prove your guilt.

4. Arguing that the Officer's Observations Were Subjective

Police officers often rely on their observations of a driver's behavior and appearance to determine if they are impaired. However, these observations can be subjective and influenced by factors such as fatigue, stress, or personal bias. Your attorney can present evidence that calls into question the officer's ability to accurately assess your level of impairment, such as dashboard camera footage or witness testimony.

5. Presenting an Alternative Explanation for Your Impairment

In some cases, it may be possible to present an alternative explanation for your impairment that is not related to alcohol or drug use. For example, if you were experiencing a medical condition or taking a prescription medication that could have affected your driving, your attorney can argue that this was the cause of your impairment rather than alcohol or drugs. This could potentially lead to a reduction or dismissal of your charges.

In conclusion, there are several effective DUI defense strategies that can be employed to challenge the evidence and procedures used against you. If you have been charged with a DUI in Las Vegas, NV, it's crucial to consult with an experienced criminal defense attorney like the team at Pariente Law Firm, P.C to determine the best approach for your case. Contact us today for a free consultation and let us help you protect your rights and your future.

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