How Can You Attack The Validity Of Your DUI Arrest?

16 December 2014 by Jonathan Phillips

If you've been arrested for driving under the influence, you may be wondering whether there is anything you can do to secure an acquittal or dismissal of the matter. Luckily, there are several ways in which the prosecution may make its case vulnerable to attack. Read on to learn about some common areas in which you may be able to prevail after being criminally charged with DUI.

Why poke holes in the prosecutor's case rather than mounting a defense?

In criminal matters, the standard of proof is "beyond a reasonable doubt." This means that the judge or jury can only find you guilty if there exists no reasonable doubt as to your guilt. For this reason, it is often more advantageous to attack the prosecution's case, rather than mounting an entire defense of the case on your own. If one of the key witnesses or pieces of evidence put forth by the prosecutor can be discredited, this may be enough for you to create a reasonable doubt.

What are some common weaknesses in the prosecution of DUI cases?

There are several areas that are commonly attacked by DUI defendants. These attacks are common largely because these areas provide frequent problems in these and other criminal matters. 

• Holes in the chain of command

If you received a blood test to confirm the presence of alcohol or drugs in your system, the sample itself and any test results should have been heavily documented each time they changed hands. Any holes in this chain of command -- such as the test results being transferred from the hospital to the police file without indicating who made this transfer -- could indicate that these results were tampered with.

In general, if you can show that there is a hole in the chain of command with regard to certain evidence, this evidence will not be admissible and the prosecutor will not be able to reference the evidence. In some cases, this evidence is what the entire case is based upon -- if so, the prosecutor will be required to dismiss.

• The calibration of any testing equipment

You may also want to inquire as to when the testing equipment was last calibrated. If equipment is ill-maintained or not frequently tested, it may result in false readings -- and again, if such equipment is shown to be unreliable, any evidence sourced from this equipment will be inadmissible in court.

Contact an attorney, such as those at http://www.bradylawoffice.com, to get help with contesting your case.

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