Common Defense Strategies In Gilbert DUI Cases
Challenging the Stop:
One common defense strategy in Gilbert DUI cases is challenging the stop. This involves arguing that the police officer did not have a valid reason for stopping the defendant's vehicle. If the stop was unlawful, any evidence obtained as a result of the stop may be suppressed, which can weaken the prosecution's case.
Challenging the Field Sobriety Tests:
Field sobriety tests (FSTs) are used to determine if a driver is impaired. However, FSTs can be unreliable, and there are many factors that can affect a driver's ability to perform them, such as physical disabilities or fatigue. A DUI attorney may challenge the validity of FSTs and argue that they do not accurately reflect the defendant's level of impairment.
Challenging the Blood Alcohol Content (BAC) Test:
Another common defense strategy in Gilbert DUI cases is challenging the BAC test. This involves arguing that the test was administered improperly, or that the results are inaccurate. There are many factors that can affect the accuracy of BAC tests, such as the calibration of the equipment or the handling of the sample.
Arguing Entrapment:
Entrapment occurs when a law enforcement officer induces someone to commit a crime that they would not have otherwise committed. A DUI attorney may argue that the defendant was entrapped, such as if an officer encouraged the defendant to drink and then arrested them for DUI.
Negotiating a Plea Deal:
Finally, a DUI attorney may negotiate a plea deal to achieve a favorable outcome for their client. This may involve negotiating reduced charges or a lesser sentence in exchange for a guilty plea. A plea deal can help to minimize the legal and financial consequences of a conviction.
In conclusion, there are several common defense strategies in Gilbert DUI cases. These include challenging the stop, challenging the FSTs and BAC test, arguing entrapment, and negotiating a plea deal. If you are facing DUI charges in Gilbert, it is important to work with an experienced DUI attorney who can develop a defense strategy that meets your needs and goals. With the right defense strategy and legal representation, you can achieve a favorable outcome for your case.
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