When you’re arrested and charged with drunk driving, prosecutors are going to come at you with everything they have. Their confidence might rattle you, riddling you with fear of the penalties you might face and what a potential conviction means for your future. These are legitimate concerns. And the prosecution’s confidence might leave you feeling pressured to resolve your DUI case through plea bargaining.
But pleading guilty in your case may not be your best option. In fact, the prosecution’s case may be weaker than they’re leading on. If that’s the case, then you should be prepared to aggressively attack their case so that you maximize your chances of escaping conviction and the harsh penalties associated with it. But how do you know for sure that the prosecution’s DUI case is weak?
Signs that prosecutors have a weak DUI case
There are several indications that a DUI case is vulnerable to attack from a well-versed criminal defense. Here are some of them:
- There was no legal justification for a traffic stop: Before the police can pull you over, they have to have reasonable suspicion that you’ve committed a crime or traffic violation. In other words, they can’t stop you on a whim or a hunch. If the prosecution is struggling to articulate why you were stopped, then you have a good chance of suppressing harmful evidence and beating the prosecution’s case.
- They’re pressuring you to plea bargain: Sure, a lot of prosecutors would prefer to resolve cases prior to trial so that they can clear them from their caseload, but if the prosecutor in your case seems to be pressuring you an excessive amount, it could be because their case is weak and they’re afraid that they won’t prevail if they take it to trial.
- Field sobriety tests were problematic: Field sobriety tests should be administered according to standard operating procedures. However, the police stray from these guidelines all the time. If they did so in your case, then the prosecution’s case might be on shaky legs.
- Numerous evidentiary issues are present: When prosecutors submit evidence to the court, they have to be persuasive in demonstrating that the evidence is what they claim it to be and that it’s reliable. But if witnesses are untrustworthy, breathalyzer equipment is improperly calibrated or evidence was collected in violation of your rights, then there’s a good possibility that you can blow holes in the prosecution’s arguments and sink their case. The more evidentiary issues they have, the better it is for you.
There may be other signs of weakness in your case. You just have to be aware and look for issues that you can exploit to your advantage. If you do so, then you might be able to turn the pressure around on the prosecution, perhaps even convincing them to drop the charges against you. If they won’t do that, you may at least stand a better chance of obtaining an acquittal at trial.
Aggressively fight to protect your interests in a DUI case
A DUI conviction can cause a lot of upheaval in your life. It can rob you of your freedom, damage your reputation and your career, strip you of your driving privileges and cost you a lot of money. With so much on the line, you owe it to yourself to build as persuasive of a DUI defense as you can. And don’t worry if you don’t know where to get started in that process. Help is available if you need it.