The Importance of a Vigorous DUI Defense

- Dmitry Gurovich

Many people enjoy a nice glass of wine with dinner or a beer with coworkers after a hard day at the office. What most people don’t think about when they are relaxing with friends is how they are going to get home safely and legally after the fact. It’s all too easy to find yourself on the wrong end of a routine traffic stop that results in a field sobriety test and possibly even a breathalyzer.

First Steps When Facing a DUI

The first thing to keep in mind when facing a drunk driving charge is that this is not a minor traffic offense. A charge of DUI brings with it serious consequences and ramifications if convicted. When considering whether or not to hire an attorney, the answer is “yes” when fighting a DUI charge.

A second consideration for those charged with drunk driving looks at the more long-term consequences. Because a DUI charge is considered a criminal charge, and if you are convicted, it may show up in future criminal background check. This should give pause to anyone thinking about taking a plea agreement to avoid short-term inconvenience such as a suspended license or other driving restrictions.

Proven Defense Strategies

A good DUI attorney will use whatever legal resources are available to fight for his client’s right to due process. While a DUI is a serious charge, it is not impossible to beat in court. There are multiple avenues for your attorney to pursue that can prove vital to avoiding a conviction.

  • Questioning the Legitimacy of the Traffic Stop – If police wish to pull over a driver they suspect is intoxicated, they must produce probable cause. This requires having an articulable suspicion that a crime is being committed or has been committed. If your attorney can prove there was not a justifiable reason for the police to initiate the traffic stop, he may be able to request a suppression hearing and get the entire case dismissed without proceeding to trial
  • Length of Time Between Driving and BAC Test – It is also possible to question the validity of the blood alcohol test if there was gap between when you were pulled over and when the test was administered. Because alcohol takes some time to work into your bloodstream, in some cases an attorney may be able to get the test ruled inadmissible due to the lag time between driving and testing
  • Subjective Nature of Field Sobriety Tests – When the officer pulls you over and conducts a standard field sobriety test there are often aspects of the test that require the officer to use his or her discretion. Common physical symptoms of alcohol use such as bloodshot eyes or slurring of speech can be caused by other factors and may be refuted by a vigorous investigation and cross-examination of the officers who were on the scene at the time

There are many proven defense strategies when it comes to fighting a drunk driving charge. What they all have in common is the necessity of a qualified and experienced attorney to implement them. Gurovich, Berk & Associates is a firm with extensive experience in protecting our clients from DUI convictions and providing vigorous defenses to ensure the rights of motorists are protected from prosecutorial overreach.

If you want your case handled by a professional firm that knows how to use the law to protect your rights, call us today at (213) 385-1555 to schedule a free consultation.