What are some of the most common and effective DUI defense options?

Defending yourself against a DUI charge is not an easy task. The fact is that once the prosecution files charges it is obvious that they are out to get you and possibly have what it takes in terms of evidence to have you convicted.

The hard truth is that they are likely to succeed unless you get yourself some legal professional help. There are many ways in which you can fend off a DUI charge but to be able to incorporate these strategies effectively in your own case, you will need the services of a Covington, TN DUI lawyer. There is no one better than the ones who work for the Muldavin Law Firm.

Here are some ways that a legal representative suggest that you could either have your DUI case dismissed or beaten, depending on the severity of the case.

Challenging the legality of the traffic stop

The US Constitution protects everyone from unlawful searches and seizures. So as long as you do not drive into a DUI checkpoint, the arresting officer cannot stop you and check you for drunken driving without good reason. Officially, the officer needs to have probable cause for suspicion that you may be driving under the influence. This is when the officer can pull you over and subject you to sobriety testing.

Tennessee does not have the problem California has. The cities in California are broke and mismanaged, Sacramento comes to mind. In this city, they hand out DUI tickets to help the city pay for its overspending and its proclivity to hand out free stuff which in essence is a reason not to find work but that is another topic. Covington and Memphis and other Tennessee cities may not have these types of problems and may not mistreat solid citizens like this but they are not perfect either.

Some of the things that qualify as probable cause according to Western, Tennessee DUI attorneys are – inability to maintain lane, smell of alcohol on your breath/person, being visibly intoxicated (slurred speech, glassy eyes), or an open alcohol container visible inside the car, to name a few. 

Therefore, if you had been stopped for no apparent reason then your lawyer will certainly be able to bring this up in your defense and have the case dismissed.

Challenging the results of sobriety tests

In order to convict you of a DUI, the arresting officer and the prosecution will need to prove that you were in fact over the legal limit at the time of your arrest. The way they prove this is by showing sobriety test results which may be from breathalyzer tests, blood tests, or field sobriety tests.

A Covington, TN DUI lawyer, and one of the best in the business is the legal professionals at the Muldavin Law Firm. You can visit their website at www.muldavinlawfirmtn.com. You will be able to question the accuracy of these results. It has recently transpired that breathalyzer machines are not very accurate in terms of measuring blood alcohol content. For the most part, they actually measure breath alcohol content and require diligent calibration prior to usage. Therefore, breathalyzer results can be effectively invalidated using this argument.

Similarly, field sobriety tests are physical tests that a suspect is asked to perform. These tests are designed to check balance, cognitive function, judgment, and motor skills, and are a strong indicator of the individual’s inebriation in general. However, some people with certain disabilities are likely to fail these tests even though they are stone cold sober.

This is the problem with these machines. They are not always trustworthy.

Plea bargain

If the case against you is simply inviolable and the evidence is overwhelming, all is still not lost. A Western Tennessee or Memphis or Covington, Tennessee DUI lawyer can still help pull off a plea bargain to keep you from the dire consequences of a DUI conviction. A plea bargain is basically where your lawyer will strike a deal with the prosecution to allow you to plead guilty to a lesser offense with much more lenient repercussions.

This is where the Muldavin Law Firm should enter the picture. If you are in any type of legal trouble, certainly driving or personal injury related, DUI too, you need to hire a law firm that knows the system and knows which buttons to press and how hard to press them.