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June 23, 2022 – David W. Foley – Drunk Driving

3 Possible DUI Defense Strategies | Colorado Springs, CO 80903

You should not take a drunk driving charge lightly. A guilty verdict could send you to jail for a considerable period or subject you to hefty fines. That’s on top of the collateral damages that usually come with a conviction.

Therefore, it is crucial to have a solid defense strategy. Here are some of the potential options:

1. Challenging the legality of the evidence

Sometimes, the evidence against you may not be admissible in court. This may happen in several instances. For example, if the police pulled you over illegally or the sobriety tests you underwent were flawed, such evidence should not form part of your trial.

However, everything is not so straightforward. It takes a careful evaluation of the circumstances leading to your arrest to determine whether or not evidence can be successfully challenged.

2. Showing your rights were violated

If you were placed under lawful custody but not given an opportunity to contact an attorney, it could result in a miscarriage of justice. The police need to inform you of your Miranda rights if you have been arrested and are facing custodial interrogation.

3. Asserting mitigating factors are involved

In cases where it is impossible to obtain an acquittal, arguing mitigating factors can impact your sentencing. As a result, you are likely to end up with a lighter sentence than you would have otherwise received. Mitigating factors can include the fact it’s your first offense or voluntary submission to a substance abuse treatment program.

Usually, the best defense to counter your charges depends on the unique facts of the case and the evidence against you. Since there is a lot at stake in a DUI case, it is in your best interests to make the ideal choice that will increase the chances of a desirable outcome.

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