An experienced DUI attorney is aware they most likely only have one chance to present a strong argument. Because if the first argument fails to impress the jury, it is very difficult to present another one in its place.
A knowledgeable DUI attorney knows that all arguments following the main one must be consistent to the first. For if an attorney does not follow this common procedure, their defense can come off as being underhanded.
It is never a wise choice to argue that your defendant was hardly over the legal limit, as this tries to make room for a gray area when one does not exist. You are either guilty or not guilty, and the jury will determine which one you are. You cannot be “a little bit” guilty. If this is your approach, it would be a better idea to negotiate a bargain with the prosecutor rather than taking your case to trial.
On a similar frame, do not try to argue that the defendant did not realize they were over the legal limit, as it is irrelevant. If the defendant is over the legal drinking age than they are an adult, and therefore responsible for their decisions. As a helpful side note, it is not a good idea to refer to the breathalyzer device as either an “instrument” or a “machine” as both of these terms are thought of to be accurate.
When taking on a breathalyzer test it is important you understand how they work. They do not actually tests for your blood alcohol level, but actually register only an estimation based on your breath. Breathalyzer tests can vary significantly between individuals even if they have the exact same blood alcohol level. Therefore, when you are facing breathalyzer test in court, it is much more effective to show the results to the jury and argue how the device can give incorrect readings.
When battling a breathalyzer test in court and try not to use boring and scientific type terms such as, margin of error. A much more effective technique with the jury is to give them the results in a possible range. For example, when an individual drinks X number of alcoholic beverages, their blood alcohol level can register anywhere between X and X. This will be much easier understood and more effective in court. Another important tip is to never attack the arresting officer for being biased unless you have proof. The vast majority of jurors will not believe that claim.
Instead, it would be more effective to review the proper breathalyzer procedures and show how the police officer did not follow the rules. For example, the police officer must stand next to the driver for 15 to 20 minutes before giving them the test because burping or even eating specific foods can give a false reading and show higher than actual results. Also, instead of saying field sobriety tests, refer to them as preliminary roadside evaluations, as that is what they are.
You must help the jury to understand that field sobriety tests and breathalyzer devices are not perfect and will frequently give an incorrect reading. You can even use the fact that these devices and tests are different from city to city and even precinct to precinct. Because if you cannot get this through to them, they will think they are perfect and will not believe the defendant is not guilty.
Looking to find out more about getting a San Diego DUI Attorney, then visit Robert M. Jenkins’s site on how to choose the best San Diego DUI attorney for your needs.
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