With a DUI case, your best defense is a strong offense. When you are charged with a DUI, you need to attack the charge from the very beginning. Fortunately, Glenn Godfrey and Boise DUI Defense has the methods and experience necessary to attack Your DUI charge head on and win.
Nearly every DUI begins with a traffic stop or traffic accident. Many times an officer will pull you over to give you a ticket for a traffic violation. Sometimes, however, an officer will get too anxious and won’t wait for a traffic violation to occur before stopping you. This is the first place to start fighting a DUI. If an officer stops you without a valid reason, anything found during that stop, including evidence of DUI (breath tests, admissions, smelling like alcohol, etc.), is inadmissible in court. Successfully challenging the traffic stop almost always results in a dismissal.
If your traffic stop was valid, the next place to attack is the officer’s decision to expand the scope of the traffic stop. In other words, the officer didn’t stop you because he saw your bloodshot eyes, smelled the scent of alcohol and/or heard your slurred speech as you were whirring by in traffic. The officer stopped you for some other reason(s). If he stopped you for speeding for example, he will need additional evidence beyond the fact that you were speeding to justify investigating you for a DUI.
The best place to start this type of attack is to get your hands on the police report and any audio/video recording of the stop. At Boise DUI Defense, we will take the time to go step by step through the investigation and determine if the officer had enough evidence to expand the stop. If the officer skipped a step at any point, this may serve as a basis for a motion to suppress.
Another means to dismantling a DUI charge is to attack the evidence against you. Our experienced DUI attorneys can go about this in several ways, including but not limited to challenging the officer’s credibility in court, challenging the fact that you were driving, focusing on the fact that you didn’t fail the field sobriety testing, and attacking the results of the field sobriety tests, the breath test and the science behind both. This type of defense may or may not require calling an expert witness.
Most breath testing machines work by refracting light through moisture molecules in your breath to determine the alcohol level in your blood. Sound complicated and potentially unreliable? Well, it is. This type of attack calls into question the entire scientific basis behind a DUI and the breath test process.
Going on the attack to beat your DUI is the best way to clear your name and keep your record clean. One of the biggest mistakes you can make is to lose hope that your case can be won. Don’t sit back and wait for things to get better. In DUI cases, an aggressive offense from the beginning is the best way to beat the charge.
The information you read here is a general overview of areas of attack and not a specific review of your case. There are also several other case-specific defenses that require a detailed examination of the facts of each case. Contact Glenn Godfrey at Boise DUI Defense (208) 810-4555 if you’d like to discuss how we can aggressively defend your DUI case. The phone consultation is free.
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