Facing charges of drunk driving and criminal vehicular homicide is a harrowing experience that can have far-reaching consequences. Not only are you dealing with the potential loss of your freedom, but you may also experience severe damage to your reputation, emotional distress, and a significant impact on your personal and professional life. However, it is crucial to remember that everyone deserves a fair defense and the opportunity to present their case. When facing such serious charges, it is vital to understand your options and to seek the assistance of an experienced criminal defense attorney who can guide you through the legal process.
The legal landscape surrounding drunk driving charges and criminal vehicular homicide is complex and often unforgiving. These offenses are treated with great seriousness due to the potential loss of life and the devastating impact they can have on individuals and their families. It is essential to approach your defense strategy carefully, ensuring that every avenue is explored to challenge the charges brought against you.
Seek Legal Representation
When facing charges as grave as drunk driving and criminal vehicular homicide, engaging an experienced and skilled criminal defense attorney is vital. A knowledgeable attorney will guide you through the legal process, protect your rights, and build a strong defense. They will have an in-depth understanding of the laws surrounding these charges and can identify any potential flaws in the prosecution’s case.
Challenge the Evidence
One crucial aspect of defending against these charges is to challenge the evidence presented by the prosecution. Breathalyzers and blood tests, often used to determine blood alcohol concentration (BAC), may need to be corrected. To identify potential errors or misconduct, skilled defense attorneys can scrutinize the testing procedures, chain of custody, and calibration records. Additionally, they can examine the credibility of witnesses and ensure that the evidence presented against them is accurate and admissible.
Question Probable Cause and Traffic Stop
The basis for the traffic stop and subsequent arrest can be challenged in many cases. The Fourth Amendment protects individuals from unreasonable searches and seizures, requiring law enforcement officers to have probable cause or reasonable suspicion to pull them over. If the stop was made without a valid reason or violated your rights in any way, your defense attorney can file a motion to suppress evidence obtained during the illegal stop.
Contest Field Sobriety Tests
Law enforcement officers commonly use field sobriety tests (FSTs) to assess a driver’s impairment. However, these tests are subjective and rely on the officer’s judgment. Many factors, such as physical limitations, nervousness, or medical conditions, can affect performance. Skilled defense attorneys can challenge the reliability and accuracy of these tests, highlighting any potential flaws or biases that may have influenced the results.
Question Probable Cause and Traffic Stop
In defending against criminal vehicular homicide charges, exploring alternative explanations for the accident is crucial. Factors such as road conditions, weather, mechanical failures, or the actions of other drivers may have contributed to the incident. A thorough investigation of the accident scene, examination of witness statements, and expert testimony can help establish a reasonable doubt about your culpability in the accident.
Present Mitigating Circumstances
When defending against drunk driving charges and criminal vehicular homicide, presenting mitigating circumstances can be crucial. These circumstances may include a lack of prior criminal record, good character references, completion of alcohol education or rehabilitation programs, and remorse for the incident. Your defense attorney can help gather and present evidence that portrays you in a favorable light, emphasizing that you are taking steps to address any issues related to alcohol or substance abuse.
Defending against charges of drunk driving and criminal vehicular homicide is a challenging and multifaceted endeavor. The potential consequences of these charges are immense, making it vital to approach your defense with determination, thoroughness, and expert guidance. Engaging the services of an experienced criminal defense attorney specializing in these areas is crucial to ensure that your rights are protected and that every available option is explored.
A strong defense is built on a solid understanding of your case’s legal complexities. You can strengthen your defense and establish reasonable doubt by challenging the evidence, questioning the probable cause and traffic stop, contesting field sobriety tests, exploring alternative explanations, and presenting mitigating circumstances.
If you are facing charges of drunk driving or criminal vehicular homicide, time is of the essence. Protecting your rights and mounting a strong defense requires the expertise of an experienced attorney who understands the complexities of these cases.
Take action now and secure the best possible defense. Your future is at stake, and we are here to fight for you every step of the way.
About the Author:
Christopher Keyser is an AV-Preeminent rated criminal and DWI defense attorney based in Minneapolis who is known for fighting aggressively for his clients and utilizing innovative tactics to get the most positive results. He has been featured in numerous media outlets due to the breadth and depth of his knowledge and has been named a Certified Specialist in Criminal Law by the Minnesota Bar Association. Mr. Keyser is Lead Counsel rated, and he has received recognition for his criminal law work from Avvo, Expertise, Super Lawyers, The National Trial Lawyers, and more.