If you have been charged with driving under the influence, you have the opportunity to defend yourself in court with the assistance of a first-offense DUI attorney. While the prosecution of this charge may seem cut-and-dry, there are multiple ways of fighting back. Call The Umansky Law Firm for legal help in developing a defense strategy for a first DUI in Winter Garden.
A Winter Garden lawyer begins to build a defense strategy for a first-time defendant by looking at the DUI traffic stop. Under the Fourth Amendment of the United States Constitution, if the law enforcement officer stopped the vehicle for unlawful reasons (i.e. they did not have probable cause), then any other evidence obtained during the DUI investigation is inadmissible in court. That usually means the charges have to be dismissed because the prosecutor no longer has any admissible evidence to prove the case.
If there was not sufficient evidence during the stop to suspect the driver was under the influence of alcohol, then the officer should have just written a ticket and left. A lawyer must then go through the evidence, piece by piece, and analyze the arrest process to see where the weaknesses are. They then challenge that part of the investigation with the strategy of excluding enough evidence that the state no longer has a case to prove.
Lawyers always consider whether there is enough evidence that the state can prove the case at trial. As they look through the available evidence, they must ask themselves, “Is a jury of my client’s peers going to be convinced beyond a reasonable doubt by this evidence that my client is guilty?” They are always thinking about a potential trial down the road, and whether the state could prove the case at trial.
Critically, it is important to look at the results of the breath test; and even if there was no breath test evidence, they will be looking for video evidence as well. If the case proceeds to a trial, that video is most likely going to be played for the jury. A lawyer will want to review everything that the potential jury down the road would see so that they can evaluate whether the case is strong or not.
A lot of the defense strategy for a first-time DUI will rest on what a Winter Garden driver says before or after the arrest. Individuals suspected of a DUI can hurt their case if they talk too much, ignore what an officer is saying, or not realize that they are likely being recorded. A lot of people try to make their situation better by admitting to drinking or agreeing to do field sobriety exercises, when it might be beneficial not to do them in their particular situation. It is also a mistake to not speak to an attorney beforehand, even though they are technically not entitled to one. This might lead them to admit things to an officer that hurts their case.
The best advice for anyone being pulled over is to acknowledge that they are most likely being recorded. They should say as little as possible until they are able to get legal advice.
Although there is often leniency when it comes to your first DUI charge, you can still defend yourself in court. Reach out to a skilled DUI defense attorney if you require legal assistance. Our team can work with you to craft a defense strategy against a first-offense DUI in Winter Garden.
The Umansky Law Firm Criminal Defense & Injury Attorneys
