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Refuting DUI Evidence


One of the fundamental purposes of hiring or requesting an attorney who specializes in DUI law if you are arrested and charged with driving under the influence of alcohol is to create a plausible defense in your situation. Your professional DUI attorney should understand state laws, statutes, and legal precedent, but he/she should also be familiar with steps on refuting DUI evidence. Suppressing, discrediting, and eliminating DUI evidence, in many different ways or methodologies, is sometimes a key element in seeing an acquittal or having charges dropped altogether.

There are a few different ways that you attorney may refute DUI evidence in your specific case. They can include, but are not limited to, the following:

Discrediting sobriety tests. There are specific rules regarding how and how often an officer must be trained before he/she is allowed to administer sobriety tests. Without training, any evidence that comes as a result of improper testing can be discredited.

Discrediting eyewitness testimony. This may include finding a way to discredit the arresting officer's testimony, other people who may have witnessed the event, discrediting the officer(s) who administered BAC testing in jail, and much more.

Suppressing laboratory results. Much the same as discrediting sobriety tests, there are strict rules that govern laboratory testing. This includes blood, breath, and/or urine samples, the administration of tests, interpreting the results, and much more.

Suppressing confessions and other forms of evidence. What you say can and will be used against you in court. In some cases, your DUI attorney can ensure that what could have been used against you is not admissible in court. Other forms of evidence include field sobriety tests and chemical tests.

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