How Astute Attorneys Leverage Primary Arguments To Beat DUI?
Video Transcript
Astute DUI defense attorneys can beat or reduce charges by attacking the prosecution’s primary arguments—often focusing on unlawful stops, unreliable field sobriety tests, and flawed breath or blood results. Courts require the state to prove every element beyond a reasonable doubt, and small procedural or scientific errors can undermine that proof. This article explains the core prosecution theories in DUI cases and the defense strategies lawyers use to challenge evidence, negotiate favorable pleas, or win at trial.
Ray Hrdlicka – Host – Attorneys.Media
“You said something earlier…that the field sobriety tests are voluntary.”
Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA
“Correct.”
Ray Hrdlicka – Host – Attorneys.Media
“Well, one of the places that I read that, if you don’t, if you fail and refuse, fail to take refuse to take a field sobriety test, isn’t that more likely to get you arrested, and taken you downtown where…?”
Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA
“No, well, look, it comes down to this. The cop’s probably going to arrest you, no matter what. So, you just got to basically not give them the ammunition to show your impairment at the time of the arrest, because that’s kind of what we would be dovetailing in later on.
What can an attorney do for you later on? If you have an evidentiary test, that’s over .08. Now, I usually make the argument that at the time of the stop, you were below a 0.8, and by the time you give this evidentiary test, you are above a 0.08. That’s one of my primary arguments.”