Top Strategies That Attorneys Can Use To Fight For Your DUI Charge In Houston
Keep in mind, this article is not meant to offer any legal advice. No guarantee using one of the strategies mentioned in this article will work. However, this article will detail some of the different strategies that a lot of professional and experienced attorneys will use if possible.
- Prove you’re not driving. There are rare cases where the incorrect person is arrested for Driving Under The Influence (DUI). If it can be proven that the wrong person was arrested as they weren’t operating the vehicle, it will be an easy case dismissal. That being said, this is rare and it would require very specific and unique circumstances because of it.
- Prove that the arresting officer didn’t have grounds to stop the person in the first place. This is a much more common approach and one that works much more often. If the attorney can prove that the officer failed to adhere to proper protocol and legal procedures during the detaining process, the case could get dismissed. In the case of a DUI stop, an office needs to have a good reason for stopping the vehicle. Therefore, an attorney could challenge whether or not they did.
- The credibility of evidence can be directly challenged. If the police officer had video of the stop and it shows that the person wasn’t driving erratically nor breaking the law, an experienced attorney might be able to use it to get the case dismissed. A lot of times a certain individual that gets stopped might have a medical condition that could cause them to appear as if they are driving while under the influence when in fact they aren’t. This is a sound strategy that could pay off. The person might even have a witness that can attest to the fact that the person wasn’t driving while intoxicated which can counteract any sobriety test that was conducted on the scene.
- Objective evidence can be provided that showcases that the person wasn’t intoxicated. If the professional attorney can offer up evidence that shows that the person wasn’t legally intoxicated during the stop, they could effectively get the case dismissed. There are several ways in which an attorney can attempt to do this. One of the ways is by looking at the chemical results to see whether or not the time elapsed between the administration of the test and the arrest matches up. This is something that requires a good amount of expertise. Therefore, you don’t want to attempt to use this defense without an attorney that has experience doing it.
As you can see, there are many different ways an attorney can approach this. A lot will depend on the evidence available, any specific conditions, and the information that is provided by their client. This is why it is so crucial to writing down everything about the event as soon as it occurs. This way, you have the supporting evidence and you have all of the facts clear in your mind. Anything that you can remember can be used to potentially help you get charges dismissed. If it’s clear that the person is guilty, the attorney may suggest that the person enrolls into some sort of drug treatment program which can look good in the eyes of a judge. This usually results in a lesser conviction or punishment for those who are first-time offenders. This usually won’t work for repeat offenders.