Four DUI Defense Strategies that Work (Part 2)

November 25, 2013

An effective DUI defense strategy can be to argue that the results of the breath or blood test were not accurate and that, consequently, the DUI charges should be dismissed.

An effective DUI defense strategy can be to argue that the results of the breath or blood test were not accurate and that, consequently, the DUI charges should be dismissed.

Following up on four DUI Defense Strategies that Work (Part 1), here are two more DUI defense arguments that can be effective at getting evidence against the accused thrown out of court and, in turn, possibly getting the charges reduced or dismissed entirely. While Part 1 concentrated on discussing defense arguments centered on probable cause and alleged signs of intoxication, additional DUI defense strategies can include arguing the following:

  • The results of the breath or blood test were not accurate – While evidence generated from a breathalyzer or blood test may seem irrefutable, these tests are not always conducted properly, and the samples collected from them can be contaminated. In fact, when it comes to breathalyzers, arguments can be made that:
    • The breathalyzer was not properly calibrated prior to using it on the accused.
    • The breathalyzer was not among the legally approved machines that police are required to use in the field.
    • The responding officers did not know how to properly use the breathalzyer.
    • The responding officers did not wait 20 minutes after the accused individual regurgitated before administering the breathalyzer.

For blood tests, it could be argued that the cops and/or lab analyzing the blood samples did not properly handle the samples (i.e., broke the chain of custody), which opens up the possibility that the samples could have been contaminated.

  • Officers did not operate checkpoints according to the necessary legal standards – While the U.S. Supreme Court has ruled that DUI checkpoints are legal, police are still required to operate these checkpoints according to some very specific rules. When police fail to abide by any one of these rules, the resulting DUI charges against the accused can be dropped altogether.

Denver and Boulder Metro Area DUI Defense Lawyer at the Griffin Law Firm

Facing any type of criminal charges can be both scary and stressful, as a conviction could cost you your reputation, your career, your family and even your freedom. If you or your loved one has been arrested for and/or formally charged with any crime, Christopher Griffin wants you to know that he is ready to immediately start providing you with the strongest possible defense against police and prosecutors – both outside and inside of the courtroom.

Regardless of whether you are facing criminal charges for the first time, have prior convictions and/or were on probation or parole at the time of the alleged crime, Christopher Griffin will work relentlessly to help you obtain the best possible outcome to your case. In fact, our steadfast dedication to the notion that the accused are innocent until proven guilty means that we will do everything in our power to help you resolve your case in the most favorable and efficient manner possible.

To receive a complete evaluation of your case, along with professional advice regarding your best options, contact us by calling 303-280-1070 or by emailing us using the form at the top of this page.

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