Are you interested in hiring a criminal lawyer to defend you in a DUI case? Before hiring a criminal lawyer, it is worth understanding how they can help. Consequently, during the initial consultation with a criminal lawyer, you can better understand what they are prepared to do for you. With that thought in mind, here are the common methods used by criminal lawyers to create a DUI defense:

Creating A Behavior-Based Defense

During questioning, the officer will pay attention to your behavior, which conclusions might be drawn from. These assumptions might be drawn from behavior signs such as:

  • Enlarged pupils
  • The inability to walk properly
  • Jokes that are out of line
  • A slurred speech pattern
  • Eyes that are bloodshot

However, a criminal lawyer can argue that these signs are not the result of alcohol, but instead could be due to the following factors:

  • A previous physical/mental condition
  • A sense of being nervous because a police officer has stopped you
  • Recently digested medication or food
  • Stress that might have been induced by tough personal reasons
  • Not enough sleep
  • Allergies

Creating A Driving Pattern-Based Defense

The prosecutor might use your driving pattern as the main component of making the case against you. The driving patterns that they might have picked up on include:

  • Being hesitant when there was a green light ahead of you
  • Going through a traffic light that is red
  • Going over a highway's middle line
  • Frequently changing lanes, and in the process, making it difficult for other drivers
  • Constant acceleration and deceleration when there is no need for it
  • Speeds that are far too low for the road and location

These signs are not proof of intoxication, but guesswork on the part of the officer. An attorney can show the court that there were other reasons for any weird driving signs (e.g. obstructions in the road, disruptive passengers, unfamiliar terrain, etc.) and by doing so, there will be less suspicion that you were drunk.  

Questioning the Blood Alcohol Content  

A case can be made for why the test that determined your blood alcohol level should not be given much weight in court. If the testing equipment determines that you have a blood alcohol level of over 0.8, then it means you are intoxicated. However the equipment might not have been properly calibrated, and therefore gave a higher reading that it should have. If there were problems with the breathalyzer, the evidence of your BAC may be inadmissible. A criminal lawyer will ask for documentation that shows when the equipment was checked and when maintenance tasks were performed to ensure functionality.