There are many myths about criminal law and, specifically, DUI law. But one of the greatest myths ever told about drunk driving charges is that the accused person has no chance at beating the charges, or that the charges will stick with them forever. That is completely untrue. There are many successful defense tactics that can be utilized to help the accused, or there could be unique circumstances in their case that are ripe for questioning and further investigation.
To begin, consider the actions of the police officer involved in your DUI and the actions of investigators after the fact. Did the officer read you your rights? Did he or she uphold your rights during the stop? Was the stop legal in the first place? Were any sobriety tests used? Was the instrument used for any breath, blood, or urine tests properly calibrated? What about the chain of custody for the evidence after it was collected? Was it followed to the letter of the law?
These are all important questions to have answers. And then there are the circumstances of your DUI. You may have been forced to drive drunk due to a threat of violence from another person. You may have unknowingly become intoxicated due to a spiked drink. You may have driven drunk by choice in a medical emergency to save someone’s life.
All in all, we have only discussed a few of the many possible problems that could come up with a DUI case presented by the prosecution. It behooves the person accused to discuss this matter with an experienced criminal defense attorney.