Hints on Beating a DUI
Tuesday, April 6th, 20101800 DUI LAWS has an informative article on how lawyers go about beating a DUI, with a few key points:
The first thing to know in beating a DUI is how a prosecution attorney will try to get a DUI conviction. There are two ways he will try to prove DUI. One way is to attack the driver’s mental and physical condition by presenting evidence that shows the driver was impaired because of alcohol consumption. The other way is by concentrating on the driver’s blood-alcohol content and not focusing on the driver’s physical or mental condition. Or, the prosecutor may use both ways in the same case.
The article notes that a skilled DUI lawyer will address both methods by countering the evidence - attacking the blood test (Did too much time elapse between driving and testing causing the blood to ferment? Was the test conducted properly?) and attacking the physical impairment question (Was physical impairment the result of alcohol, or was it some other factor such as injury or fatigue? Was the roadside test conducted fairly, did it properly address impairment?) to introduce doubt into both avenues the prosecution needs for a confiction.