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3 elements of a DUI defense

On Behalf of | Nov 11, 2020 | Criminal Defense

You have many choices during the course of a DUI defense. These begin the moment police pull you over. They end, in most cases, when the prosecutor or judge takes final action on your case.

There are a number of different possible outcomes, especially since the laws changed several years ago. However, you can basically break down this complicated web of rules, procedure and evidence into three groups.

Analyzing the facts

Your first duty as a person facing DUI charges is to look at the material situation. You might have to do some independent investigation. Various personal, situational and environmental factors could affect your case, such as:

  • The conduct of arresting officers
  • Weather and road conditions at the time of the stop
  • Your personal information — particularly age and DUI history
  • Any test results, or refusal to submit to tests
  • The conduct of prosecutors and police after your arrest

Negotiating for the best outcome

Using this information — that is, placing it in the context of previous cases and statutory law — should inform your negotiation strategy. The court decides your sentence, or lack thereof, using facts and logic. Prosecutors know this, and usually agree to terms that the court would reasonably accept.

Following through on your agreement

If there is any type of punishment stemming from your arrest, then you may need to commit to following through on completing your duties. In Pennsylvania, this often includes rehabilitation programs, as stated by the DMV website. Failure to comply could result in various consequences.

The goal of your DUI defense should be to secure the best possible outcome considering the facts available. This is a tough challenge to face, but realistic expectations and a commitment to the truth should help you through.