Many people facing driving under the influence (DUI) charges feel like they have no options. People frequently plead guilty even when they insist they didn’t actually break the law because they feel like there are few options for defending themselves. They think that test results or an officer’s testimony could be enough to ensure their conviction.
In reality, experienced criminal defense attorneys can help people facing DUI charges evaluate a variety of different defense strategies. It is often possible to weaken the state’s case by taking the case to trial. Occasionally, DUI defendants don’t even have to go that far. A defense attorney may be able to convince a prosecutor to drop a defendant’s charges before a criminal trial actually occurs.
When is a charge dismissal a realistic goal for those facing DUI allegations?
When there are issues with the traffic stop
The most common reason that prosecutors dismiss pending DUI charges is that they lack the necessary evidence after learning more about the situation. There are state and federal rules that protect people during encounters with law enforcement. In scenarios where police officers violate the law or the rights of individual suspects, their misconduct opens the door to an unique defense opportunities.
Specifically, a defense attorney who can show that police officers did something illegal or conducted an inappropriate search can exclude certain evidence from the criminal trial. The exclusionary rule requires that the courts set aside evidence gathered through misconduct and violations of individuals’ rights.
If a police officer conducted an illegal search or initiated an inappropriate traffic stop, then a defense attorney can leverage that in some cases to prevent the use of the evidence gathered as a result of that misconduct. The courts may have to set aside confessions, field sobriety test results and chemical test results, leaving the prosecutor without anything to establish that a crime actually occurred. In that scenario, dismissing the pending charges may be the only option available, as the prosecutor can no longer prove beyond a reasonable doubt that someone drove while drunk.
Discussing what happened during a traffic stop with a skilled legal team can help people develop a DUI defense strategy. Even when it feels hopeless, it may be possible to successfully defend against allegations of drunk driving.