Law

Top Strategies for Defending Against DUI Charges

There have been a record-breaking 3,246 drunk driving incidents recorded in Regina between 2011 to 2015. Most cases were complex due to a lack of witnesses or technical difficulties. Therefore, DUI lawyers in Regina relied on some clever strategies to defend the cases. 

So, it’s right to consider these strategies for your defence if facing such a complex case. In this article, we will highlight the strategies and how the strategies help overcome DUI charges. Without any more ado, let’s get straight to the point.

What are the Top Strategies for Defending Against DUI Charges?

  • Challenging the Evidence
  • Negotiation and Plea Bargains

Strategy 1: Challenging the Evidence

There are thousands of successful case stories we discussed with popular DUI lawyer Regina. The most effective strategy was challenging the evidence.

Questioning Test Accuracy

Legal officers use breathalyzer tests to measure Blood Alcohol Content (BAC). Sometimes, previous samples had already affected the breathalyzer. Your lawyer can challenge whether the device was calibrated correctly or whether the test administration followed proper protocol.

Field Sobriety Test Discrepancies

Field sobriety tests are not foolproof as they combine many tests. Any negligence at any stage can provide a totally opposite result. You can raise questions about whether the officer had reasonable suspicion to pull you over and if the tests were conducted according to the right procedures. 

Charter Rights Violations

During DUI inspections, police interactions are governed by the Canadian Charter of Rights and Freedoms. Your lawyer can explore if your rights were violated during the stop in these two ways—

  • Missing a proper warrant for a vehicle search
  • Not being updated on your right to remain silent

Strategy 2: Negotiation and Plea Bargains

If it is not possible to get rid of the charges, it is possible to reduce the charges and have diversion programs to lessen the punishment.

Reduce the Charges

In many cases, a lawyer can explore negotiating with the Crown prosecutor. Depending on the circumstances, your lawyer might be able to negotiate a lesser offence, such as impaired driving.

Plea Bargain with Diversion Programs

Many states, like Regina, offer diversion programs for first-time offenders. These programs often involve alcohol education or addiction treatment classes in exchange for a reduced charge or dropped case.

How Do Strategies Help Overcome the DUI Charges?

  • Protecting Your Rights: A strategy can identify if your rights were violated during the breathalyzer tests. Often, new or careless officers cannot handle the machine, which results in wrong information. The charge will drop directly if the breathalyzer is not handled properly. 
  • Casting Doubt on the Evidence: A strategy can highlight factors that might have caused misleading results, creating reasonable doubt about your intoxication level. The Crown considers the case lighter after finding reasonable doubt.
  • Finding Alternative Explanations: Erratic driving can have explanations besides alcohol or drugs. This kind of driving involves weaving, straddling the center line, speeding, drifting, driving slowly or with headlights off, and other situations for any influencing reasons. 
  • Negotiating a Favorable Outcome: Going to trial is not always necessary in DUI charges. A strong strategy can position you for a plea bargain with reduced charges or even dismissal in exchange for completing programs.

What are the Guarantees that these Strategies will Work?

This is just a starting point. The best action will depend on your specific situation. For a comprehensive defence strategy, consult with a qualified DUI lawyer so that—

  • You can have a guide through the legal process
  • You can have your evidence analyzed properly
  • You can explore the most effective defence options for your case.

However, that’s all we had for information purposes. Please consult a lawyer in Regina specializing in DUI defence for legal guidance.

FAQs

What are diversion programs?

For example, Regina offers programs for first-time offenders.  These often involve alcohol education or treatment classes via experienced trainers. Completing the programs can lead to reduced charges or a dismissed case. It also helps to become a concerned citizen.

How does a lawyer help in a DUI case with expertise?

A specialized DUI defence lawyer can examine the evidence, identify flaws in the prosecution’s case, explore plea bargain options, and fight for the best positive outcome in court. The lawyer acts as a complete guideline and think center for the accused.

What happens after refusing a breathalyzer test?

Refusing a breathalyzer test in Canada and related regions carries an immediate license suspension. But it can also twist the prosecution’s case since they can’t use BAC results as their evidence. It is not recommended to refuse a test. 

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