Those accused of crimes in the United States benefit from a presumption of innocence. Members of the public and those involved in the criminal justice system should not assume someone is guilty until the courts reach a verdict in their case.
Criminal defendants are innocent until proven guilty, but many people rush to pass judgments after someone gets arrested. Individuals accused of driving under the influence (DUI) offenses often find themselves fighting an uphill battle in the court of public opinion.
Other people might jump to the conclusion that they must be guilty if they failed a field sobriety test, failed a chemical breath test or refused to submit to a breath test. In reality, many people accused of DUI offenses may not have actually broken the law.
How can drivers accused of impairment at the wheel effectively respond to those allegations?
With questions about their traffic stop
The Fourth Amendment is a key protection for those accused of breaking the law. It protects people from unreasonable searches and seizures. Police officers cannot detain drivers without a reasonable justification. A traffic stop initiated without a specific reason might be a violation of a motorist’s civil rights. Lawyers can sometimes exclude evidence in scenarios where there are questions about the legality of police conduct.
With concerns about breath test results
People tend to put a lot of faith in chemical testing, which is one reason that many people assume those accused of DUIs are automatically guilty. However, breath tests can easily return false positive results or inaccurately high results. Failing to calibrate the device or update its software might lead to inaccurate results. In some cases, lawyers can challenge the inclusion of test results when there are issues with police department records regarding the maintenance of the testing unit. Other times, it may be possible to raise questions about the overall efficacy of chemical breath testing.
With an alternate explanation
Sometimes, drivers have a reasonable medical explanation for why they failed a chemical test or performed poorly on field sobriety tests. In those scenarios, medical evidence could help raise questions about whether the driver was really under the influence.
Individuals facing DUI charges may need help evaluating circumstances to determine what defense strategy might work. Reviewing the state’s evidence with a skilled legal team could help drivers and their lawyers establish a strong defense strategy.