An experienced DUI attorney is aware they most likely only have one chance to present a strong argument. Because if the first argument fails to impress the jury, it is very difficult to present another one in its place.

Once the DUI attorneys first argument is made, the following arguments must remain consistent and support the main argument. If a DUI attorney fails to do this, they can come across as being sneaky or unorganized.

Defending yourself in a DUI case can be very difficult, and you want to be sure all of your arguments are solid. It is never a good idea to argue that a defendant was just barely over the states legal limit, because the jury will see right through that kind of argument. In a court of law you can only be guilty or not guilty, but not a little bit of either. If that is the kind of argument your case is relying on, it would probably be smarter to try and negotiate a plea bargain with the prosecutor instead of taking your case to court

Along those same lines a DUI attorney should never try to argue that their client did not realize they were drunk above the legal limit. This argument holds no water, as the defendant is in adults and is therefore responsible for all of their choices. Another important tip, is to never refer to the breath test equipment as either the machine or instrument. The majority of people, including the jury associate both of those terms as equipment that is almost always right.

When taking on a breathalyzer test it is important you understand how they work. They do not actually tests for your blood alcohol level, but actually register only an estimation based on your breath. Breathalyzer tests can vary significantly between individuals even if they have the exact same blood alcohol level. Therefore, when you are facing breathalyzer test in court, it is much more effective to show the results to the jury and argue how the device can give incorrect readings.

Now that you understand more about a breathalyzer test, it is important you follow another tip. When combating the results from a breathalyzer in court, do not use scientific kind of terms like “margin of error”. Terms like this can confuse and bore the jurors. Instead, give them a range. You can’t say something like, “when someone consumes X amount of alcoholic drinks, a breathalyzer test can give a reading somewhere between X and X. Another tip worth mentioning is to never try and attack the police officer for being corrupt unless you have some hard evidence, as this will be a very hard sell to the jury.

It is a much better idea to go over the correct method of administering a breathalyzer test in court and show exactly why the police officer did not follow proper procedures. For instance, there is a rule that states the officer must stand near the driver for at least 15 minutes before administering the breathalyzer test because consuming certain foods or burping can output an incorrect breathalyzer reading that shows higher than what the driver actually is.

You must help the jury to understand that field sobriety tests and breathalyzer devices are not perfect and will frequently give an incorrect reading. You can even use the fact that these devices and tests are different from city to city and even precinct to precinct. Because if you cannot get this through to them, they will think they are perfect and will not believe the defendant is not guilty.

Learn more about finding an experienced San Diego DUI Attorney. Stop by Robert M. Jenkins’s site where you can find out all about San Diego DUI related information and what to do.

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