4 signs that the prosecution’s DUI case is weak

Being arrested and charged with drunk driving can be incredibly stressful. It can also put you at risk of suffering severe consequences, including jail time, license suspension, and damage to your career and reputation. All of that, mixed with the stress associated with the criminal justice process, can leave you on edge and worried about your future.

While that’s understandable, you can’t let the stress of your situation paralyze you into inaction. Instead, you need to prepare to enter your case with the strongest criminal defense arguments possible. After all, even if it doesn’t seem like it now, you may be able to beat the prosecution and secure case dismissal or an acquittal.

To reach the outcome that you want, you have to know how to fight the prosecution’s case. And your first step in doing that is to identify the vulnerabilities of their case. So, with that in mind, let’s look at some of the top signs that the prosecution’s DUI case is weak.

Signs of a weak drunk driving case

Regardless of the strength or weakness of their case, the prosecution is going to come across as confident. But don’t let that fool you. Instead, consider whether their case exhibits any of these classic signs of weakness:

• The justification for your traffic stop is questionable: The police can’t just stop you because they feel like doing so. Instead, they have to have suspicion that you’ve violated some sort of traffic ordinance or law. If they pulled you over on a hunch, or the justification for stopping you is otherwise weak, then you might be able to argue that the stop was illegal, and the evidence gathered as part of that stop should be blocked from being used against you at trial. This can devastate the prosecution’s case, leading to the positive outcome that you want.
• They can’t prove that you were driving: Some drunk driving charges are levied when an individual is found behind the wheel of their vehicle, but they aren’t driving. This isn’t necessarily enough to obtain a drunk driving conviction. Some people pull over to take a nap because they feel they’re too tired to drive, while others sleep in their car because they know they’re too intoxicated to drive. If the prosecution can’t show that you actually drove the car, then it’s going to be hard for them to obtain a conviction.
• There were issues with field sobriety tests that were administered: Field sobriety tests are deeply flawed, and their results can be even more problematic when police officers erroneously administer them. So, if you can find mistakes that the police made when providing your field sobriety tests, or if they failed to administer them altogether, then that may be a sign that the prosecution’s case is rather weak.
• Evidence has been misplaced or lost: Dashcam and body cam footage can help demonstrate whether a driver was intoxicated. But if the police have destroyed or lost that evidence, then they won’t have it to rely upon. Also, the judge and jury may view that destruction or loss with suspicion, perhaps even seeing it as favorable to your account of events and your position. There may also be issues with other forms of evidence that you’ll want to take into account as you build your criminal defense.

Are you ready to fight the prosecution in your drunk driving case?

If so, now is the time to gather the evidence needed to exploit the weaknesses in the prosecution’s case. By doing so, you’ll maximize your chances of beating the charges you’re facing and protecting your future. If you need help crafting a compelling drunk driving criminal defense, then now is the time to consider your options and to act on those that you think best protect your interests.