A DUI conviction carries with it serious consequences and hefty fines. That is why it is so important for you to present your strongest possible defense to the charges against you.There are a number of different DUI trial strategies that your criminal attorney can use to help fight your charges. Powerful evidence that indicates your innocence can move a judge or jury to decide in your favor. Some of the most influential evidence takes the form of witness, or expert witness, testimony. Furthermore, a lack of evidence could be a grounds for your attorney to make a motion to dismiss the charges against you. The point is, there are a number of avenues that your experienced DUI criminal defense lawyer can explore to make your DUI charges go away.
Testifying Witnesses
Witnesses can make a significant impact on a DUI trial. An eyewitness can retell the events leading up to your arrest, and can share with the court what he or she saw or heard related to your DUI arrest or field testing administration. On the other hand, an expert witness can offer their expert opinion on scientific factors that could have impacted your Blood Alcohol Concentration at the time of the arrest or what could have impacted your chemical test results and can further opine as to whether you were under the influence at the time of your arrest. You yourself are even able to testify in your own case as a witness, if your attorney thinks that adding your testimony would be beneficial to aiding your defense.
Using Motions to Your Advantage
When something is not properly done according to procedure, your DUI criminal defense attorney can file a motion to the court. A motion is a written court document requesting the court to do something for the movant (person making the motion). After a motion is reviewed by the court, the court will decide to either grant or deny the motion. There are a number of different reasons a motion might be filed, and motions can be complicated and sometimes very long. In DUI cases, it is common for a defense attorney to make a motion to suppress evidence, or a motion to strike a prior.
A motion to suppress evidence can come in very handy in a DUI proceeding, because it can be used to bar certain evidence from the eyes of the court. Only evidence that is illegally obtained can be subject to a motion to suppress evidence. If there was no probable cause to make an arrest in the first place, or if the arresting officer failed to adhere to proper arrest procedure, such as failing to provide you with your Miranda rights (reading you your rights, like your right to remain silent), any evidence obtained during the arrest might be illegally obtained.
For repeat DUI offenders, there is a good chance that the prosecution will be gunning for your conviction. They will try to get time added to your sentence or an increase in the fines you are likely to pay by additionally charging you with your earlier DUI conviction. That is not fair bringing up your past and holding it against you. Your DUI criminal defense attorney might elect to file a motion to “Strike a Prior,” which effectively asks the court to not consider any of your previous DUI convictions when making a decision about the current DUI charges against you.
Contacting a Massachusetts DUI Criminal Defense Attorney
A DUI conviction is serious and can have a significant impact on your life. When you are facing trial for a DUI charge, you need an attorney with years of experience and a thorough knowledge of DUI law to back you and fight your charges.