Common-sense approaches to DUI defense

 Posted on October 27, 2018 in OWI

Defending yourself against a crime often involves a mix of simple, common-sense approaches combined with rock-solid criminal defense experience on the part of your defense attorney. For now, let's focus on the common-sense aspect of the drunk driving defense process by looking at the most important thing everyone knows about criminal defense in the United States: An accused person will remain innocent of the alleged crimes until -- and only if -- the prosecution proves that he or she is guilty beyond a reasonable doubt.

On a very "common sense" level, the notion of 'innocent until proven guilty' puts the burden of proof on the prosecution during your litigation process. If the prosecutions can't definitively and clearly prove that you were driving drunk, there's a good chance you'll receive a verdict of not guilty. And what does the prosecution need to prove you committed the crime? Irrefutable facts and evidence. This is why it's essential for those who have been wrongly accused of drunk driving to target the evidence in their defense process.

Evidence that might not be accurate for example is the result of your Breathalyzer test. It's well-known, for example, that a Breathalyzer test -- especially one used by police in the field -- may not yield accurate results, particularly if it's poorly calibrated, poorly maintained or not used properly. Also, police could fail to follow the required procedure while administering a Breathalyzer test, which would potentially render the results inaccurate and inadmissible in court. In addition to casting doubt on the accuracy of Breathalyzer test evidence, defendants might also seek to cast doubt on eyewitness testimony, the results of a field sobriety test, police accounts of the events before and during the arrest and other important facts.

Were you inappropriately accused of drunk driving? Are there any common-sense defense strategies that could help you defend yourself against your charges. Contact a criminal defense attorney now to determine whether these strategies could be helpful during your litigation process.