DUI Defense Strategies

What DUI defenses can be used in your case?

You may think that you have no hope of fighting your DUI charges, but there could be nothing further from the truth. Just because you have been arrested for driving under the influence, this does not mean there isn't something that can be done to fight your charges. As an experienced Lynnwood DUI attorney, we have been helping the residents of Lynnwood and Washington State with defense against DUIs for over 25 years. Our team is here to help you protect your rights and try to keep your license from being suspended.

What are Common DUI Defenses?

There are several types of defenses that can be made after being arrested or charged with a DUI offense. Affirmative DUI defenses are rare, but are one way to fight against DUI charges, these include driving as a necessity due to a greater evil, entrapment, involuntary intoxication and duress. Duress means that the defendant drove under the influence in order to avoid serious injury. Entrapment involves an officer requesting the person to drive even while they are drunk. These are less common than other DUI defenses but have occurred in the past. Some of the more common defenses to DUI charges include:

• Improper stop- meaning that the officer did not have probable cause to stop the driver
• Inaccuracy of field sobriety test- meaning that the administration or results of the field sobriety test was inaccurate or improper
• Inaccuracy of Breathalyzer test- meaning that there was intervening factors or the test was not administered properly
• Rising blood alcohol concentration- meaning that the BAC level was below the legal limit while driving but it increased while the defendant was waiting for the test to be administered
• Blood test chain of custody- meaning that the administration of the blood test could have caused an inaccurate result, it could be tampered with or mishandled

You may be able to offer valid explanations for your appearance or behavior or you can offer witnesses who observed something different than the officer. Challenging the procedures of the arresting officer is also a common argument in a DUI case. There are precise steps that law enforcement must follow when conducting tests and arresting a suspect. After investigation, you may be able to find flaws and errors in the process to use as defense against a DUI.

With a former prosecutor on our team, we know exactly what the prosecution is looking for when they go to convict someone. We have handled thousands of DUI defense cases and have learned that if there is any legal defense against DUIs to use on your behalf, then we will find it.

Defense for duis involving breath tests

If the arresting officers failed to follow exact procedures, that evidence can be challenged and possibly excluded from being used against you. An unlawfully administered breath test can throw the prosecution's main piece of evidence out the window. We will analyze all aspects of your case, from your initial traffic stop to the arrest. We know what we're looking for and if there were any mistakes made, we can help you get your charges dismissed or reduced.

Challenging the Breath Test

A driver will face DUI charges in Lynnwood if he or she is arrested for suspected drunk driving and takes a breath test or blood test that shows a result of .08% or greater. Most often, breath tests are used in these cases. In the wake of a "failed" breath test, it may seem that there is nowhere to turn and no way to avoid a conviction.

However, with the proper DUI defense representation it may be possible to disprove the results of a breath test. These devices have inherent faults and may malfunction if they are not properly calibrated and maintained. An attorney experienced in handling drunk driving charges will know what to look for in faulty breath tests to help a defendant avoid a conviction.

Cross-Examination of the Arresting Officer

The arresting officer is typically the key witness in the prosecution's case against a defendant facing DUI charges in Lynnwood, WA. The officer will be all too ready to state, in court, that you drove erratically, made statements about what you had to drink, performed poorly on field sobriety tests or otherwise showed indicators of intoxication.

Though it may seem that the officer will be your biggest adversary in court proceedings, there are ways that a skilled Lynnwood criminal defense lawyer can challenge the arresting officer's testimony by conducting an effective, aggressive cross-examination.

An officer's age, particular experience and prejudice and degree of intelligence and honesty are all factors that should be considered by a DUI defense attorney when conducting a cross-examination. The officer may have done this hundreds of times before and may be completely at home on the stand or may be relatively new.

By approaching the officer as an individual and by using a tactful approach, an attorney may be effective in directing the course of the cross-examination in such a manner as to benefit the defense.

This may include asking questions in such a way as to have the officer finding him or herself agreeing with the defense attorney. It may include proving that the officer's tactics in making the arrest or performing tests were questionable at best.

DUI Defense Attorney in Lynnwood

Looking for a lawyer for your DUI case in Lynnwood, WA? I believe in providing you with personal and effective legal representation. I will do everything I can to keep you from going to jail and losing your license. I know how difficult a time this can be for you, and will therefore keep you fully informed of the status of your case every step of the way.

Call me today to get the help you need with your DUI charges.