7 Key Tips for Winning a Drunk Driving Case
If you are about to go to court for a Drunk Driving Case, there are a couple of things you should know first. Factors that can help you either win your case or get you less of a punishment. Keep reading to learn seven key tips on how you can win your drunk driving case.
1. Your Image Is Key In Your Drunk Driving Case
You are the focus when it comes to any court case against you, and DUI cases are no exception. The judge, prosecutor, and jury will look to see what kind of person you are. If your presence gains respect, you will have an advantage in the courtroom.
Other factors that will be taken a look at is your work and family history as well as your appearance. People make decisions based on emotion and drunk driving cases are no different. So you’ll want to present yourself in the most positive light that you can.
A skillful and experienced lawyer will know how to present you in the best possible manner.
2. Your Story
Or your message, and this is without the analysis of evidence yet. That will come later. You will need to develop a persuasive and short statement that’s your theme or message.
This can be as simple as that you were ill and not drunk or that the cop’s judgment was rushed. Make sure that your statement addresses and takes into account every element of the accusation that is against you.
But at the same time, you want to make sure your statement is simple and easy to follow. You don’t want to simply answer the evidence that is your court case.
You don’t want to simply answer the evidence of your court case. You must have a simple theme with your defense so you can be persuasive. Think of this theme like a slogan that has a specific position on the case.
3. The Police and Government Witnesses
An expert drunk driving attorney will be able to investigate and analyze the government witnesses and police conduct for your case. They will see if there was actually a reasonable reason why you were stopped and make sure that the field sobriety tests were conducted properly.
It will also be investigated that the preliminary breath test was done properly by a policeman who is certified. Your attorney can make sure that your arrest was lawful and that proper implied consent warnings were given. It will also be confirmed that a proper breath and blood test were administered correctly.
Know that there is no limit to the number of questions an expert attorney will ask as the evidence is being analyzed. The government will try to put you under a microscope that magnifies all of your imperfections.
Which is why you want a lawyer who can do the proper investigation for you while there is still fresh evidence.
4. The Driving
If you have an excellent lawyer, then they will be able to explain the driving for you. In some cases, the first question might be if you were driving. The Wisconsin Supreme Court ruled that if you sit behind the wheel of a running car, and you are not manipulating the controls, that this is not considered driving.
If you have an excellent lawyer, they will know how to attack any bad driving allegations including if you were speeding, weaving within the lane, etc. However, if your driving was dangerous you will be in trouble. While no one is a perfect driver, your lawyer will know how to show that even if your driving wasn’t perfect, it was still normal.
5. Your Appearance and Field Tests
Police are trained to make careful observations the moment they first come in contact with you. Your lawyer should know how to deal with this report. The police will note how you identified yourself, how you looked, smelled, sounded and how you got out of your car.
It will also be noted how your balance was, and how you did on your field tests. There are clear standards for how these field tests are administrated, and often police do them incorrectly.
A lot of police and some lawyers will actually be certified in NHTSA Standardized Field Sobriety Testing. You’ll want a lawyer who has these skills and certification.
6. The Chemical Test
A lot of people fear if they fail their blood and breath test, then they have no chance of winning their case. When really this is not true.
There are a lot of things that can go wrong with your breath test. Factors like mouth alcohol contamination, radio frequency interference, reflux disease contamination, temperature error, and even flawed software in the computerized device.
Similarly, there are a lot of things that could go wrong with your blood test, like expired test tubes, a contaminated sample, bad transportation and storage of the sample to faulty labeling. There was a recent case in Wisconsin where the defendant’s blood test report was actually a test on done a different person’s blood.
You’ll want a skilled well-trained who understands breath and blood testing devices.
7. The Law
Obviously, you want a lawyer who knows the law. Drink driving defense is a separate specialty recognized by the American Bar Association. The National College for DUI Defense is the only accredited organization that can certify lawyers as drunk driving defense specialists.
A drunk driving lawyer needs to know all of the details of drunk driving law and science. But this lawyer should also be grounded with the basic constitutional principles. Make sure you have an experienced lawyer on your side who is versed in law, science and all of your constitutional rights.
Get A Drunk Driving Lawyer For Your Case Today
You might notice a common theme on how to win your Drunk Driving Case, get a lawyer who specializes in drunk driving cases. The police may have messed up on their end, and a good lawyer can find that for you. Don’t wait, find your drunk driving lawyer today.