Perhaps the most crucial decision a DUI attorney must make during a case is deciding on what argument to present. As once this argument is presented, it is often times quite difficult to present another argument if the first one falls flat. The
Once the DUI attorneys first argument is made, the following arguments must remain consistent and support the main argument. If a DUI attorney fails to do this, they can come across as being sneaky or unorganized.
Defending yourself in a DUI case can be very difficult, and you want to be sure all of your arguments are solid. It is never a good idea to argue that a defendant was just barely over the states legal limit, because the jury will see right through that kind of argument. In a court of law you can only be guilty or not guilty, but not a little bit of either. If that is the kind of argument your case is relying on, it would probably be smarter to try and negotiate a plea bargain with the prosecutor instead of taking your case to court
On a similar frame, do not try to argue that the defendant did not realize they were over the legal limit, as it is irrelevant. If the defendant is over the legal drinking age than they are an adult, and therefore responsible for their decisions. As a helpful side note, it is not a good idea to refer to the breathalyzer device as either an “instrument” or a “machine” as both of these terms are thought of to be accurate.
You may be surprised to know that a breathalyzer test does not actually test for blood alcohol levels, but rather gives an estimation based on the individual’s breath. Therefore, in the case of the breathalyzers, a better approach would be to show the results it gave and explain how the device is not perfectly accurate. Breath tests can vary substantially between people, and by substantially we mean it can read up to 180% more alcohol when compared to someone else with the same blood alcohol level.
Now that you understand more about a breathalyzer test, it is important you follow another tip. When combating the results from a breathalyzer in court, do not use scientific kind of terms like “margin of error”. Terms like this can confuse and bore the jurors. Instead, give them a range. You can’t say something like, “when someone consumes X amount of alcoholic drinks, a breathalyzer test can give a reading somewhere between X and X. Another tip worth mentioning is to never try and attack the police officer for being corrupt unless you have some hard evidence, as this will be a very hard sell to the jury.
Instead, it would be more effective to review the proper breathalyzer procedures and show how the police officer did not follow the rules. For example, the police officer must stand next to the driver for 15 to 20 minutes before giving them the test because burping or even eating specific foods can give a false reading and show higher than actual results. Also, instead of saying field sobriety tests, refer to them as preliminary roadside evaluations, as that is what they are.
You must help the jury to understand that field sobriety tests and breathalyzer devices are not perfect and will frequently give an incorrect reading. You can even use the fact that these devices and tests are different from city to city and even precinct to precinct. Because if you cannot get this through to them, they will think they are perfect and will not believe the defendant is not guilty.
Learn more about finding an experienced San Diego DUI Attorney. Stop by Robert M. Jenkins’s site where you can find out all about San Diego DUI related information and what to do.