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How Defense Lawyers Tackle DUI Cases: Key Strategies and Defenses

February 17, 2025

Driving under the influence (DUI) cases are serious legal challenges that can have severe consequences for those accused. Defense lawyers play a pivotal role in navigating the complexities of DUI charges as they work to protect their clients' rights and build a robust defense. Understanding how these professionals approach DUI cases can provide crucial insights into the legal process and potential strategies that might be employed.



Scrutinizing the Traffic Stop


One of the essential tactics defense lawyers use is scrutinizing the validity of the traffic stop. Lawyers will determine whether the police had legal grounds, such as probable cause, to initiate the traffic stop in the first place. This examination involves analyzing the police report, dash cam footage, and witness statements to identify any inconsistencies that could render the stop unlawful, potentially leading to the dismissal of the charges. By challenging the legitimacy of the stop, defense attorneys ensure that their clients receive a fair trial.



Questioning the Accuracy of DUI Tests


Questioning the administration and accuracy of DUI tests is another critical defense strategy. Defense lawyers often question the accuracy of breathalyzer results, looking for improper calibration or maintenance of the device. Additionally, they scrutinize the arresting officer's adherence to procedural protocols when administering field sobriety tests. Given that 20% of incarcerated people are imprisoned for drug use, according to the Prisoner Policy Initiative, it's crucial that testing methods are reliable and conducted fairly to prevent unjust incarceration based on inaccurate results. This focus on procedural accuracy ensures the credibility of the evidence presented in court.



Exploring Alternative Explanations


Additionally, defense attorneys explore alternative explanations for erratic driving behavior or apparent impairment. Medical conditions, prescription medications, or even fatigue can mimic intoxication symptoms and can be leveraged as defenses. Legal representatives may present expert testimonials or medical records substantiating these claims. Such evidence helps to establish reasonable doubt, which can significantly weaken the prosecution's case, often leading to reduced charges or complete acquittal.


Defense lawyers bring a combination of legal acumen and strategic planning to their approach to defending those accused of driving under the influence. Are you looking for a
defense lawyer you can count on in New Jersey? Contact the Law Offices of Jason Pollack, Esq today to request an appointment.

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