Strategies for Building a Strong DUI Defense Case
Facing a driving under the influence (DUI) charge creates immediate uncertainty about your future and your driver's license. A conviction can carry serious penalties, including fines, jail time, and increased insurance costs. However, an arrest isn't an automatic conviction. Building a strong DUI defense case involves examining the legality of the traffic stop, reviewing sobriety and chemical tests, and identifying weaknesses in the prosecution's evidence.
Prosecutors must prove every element of the charge beyond a reasonable doubt. In Montana, DUI charges may involve impaired driving ability or a prohibited alcohol concentration. You can face an impairment-based DUI charge even if your alcohol concentration is below 0.08%, making the officer's observations and other evidence particularly important.
At Carl Jensen Jr., I help individuals in Great Falls and throughout the surrounding areas examine the evidence against them and understand their defense options. Contact me now to schedule a free initial consultation.
Evaluating the Legality of the Initial Traffic Stop
Every DUI investigation involving a traffic stop begins with an officer's reason for stopping your vehicle. Police officers don't have unlimited authority to pull drivers over. Generally, an investigative stop requires particularized suspicion of unlawful activity, although an observed traffic violation or another lawful basis may also justify the stop.
During an initial case review, I examine the officer's stated reason for pulling you over. Was there a legitimate traffic infraction, such as speeding or a defective taillight? Or did the officer act on an unsupported hunch?
If the stop violated your constitutional rights, your attorney may ask the court to suppress evidence obtained as a result. Suppression isn't automatic, but excluding key evidence could significantly weaken the prosecution's case.
Challenging Field Sobriety Test Results
Officers frequently ask drivers to perform Standardized Field Sobriety Tests during DUI investigations. These tests help officers assess possible impairment, but physical limitations, testing conditions, and improper administration can affect their reliability.
The National Highway Traffic Safety Administration (NHTSA) provides standardized instructions for three commonly used tests. When reviewing the results, a defense attorney may examine whether officers followed those instructions and considered relevant circumstances.
Horizontal gaze nystagmus: Officers look for involuntary eye movements as you follow an object. Certain medical or neurological conditions may affect these observations.
Walk-and-turn: This test requires walking heel-to-toe while following instructions. Balance problems, unsuitable footwear, or uneven ground may affect performance.
One-leg stand: Officers observe your ability to balance on one foot while counting aloud. Physical injuries, joint problems, or other limitations may affect the results.
I review available body camera and dashcam footage to determine whether officers administered the tests correctly. If the footage contradicts the officer's report or reveals questionable testing conditions, those details may provide grounds to challenge the officer's interpretation.
Scrutinizing Chemical and Breathalyzer Test Accuracy
Breath and blood tests often play an important role in DUI prosecutions, but their reliability depends on proper administration, equipment performance, and sample handling. Errors in these areas may provide grounds to challenge the results.
When evaluating chemical evidence, I review available maintenance records, testing procedures, and operator qualifications. Breath test challenges may involve instrument problems, improper testing procedures, or circumstances that could introduce mouth alcohol into a sample. I also examine whether the device met applicable accuracy requirements and the operator held the required qualifications.
Blood testing also requires careful examination. Improper collection, preservation, or storage may raise questions about sample integrity. However, identifying a possible error does not automatically make the evidence inadmissible. A defense must establish whether the problem affected the reliability of the results or provides a legal basis for excluding them.
Montana law also provides drivers with the right to obtain an independent blood test at their own expense and access information about chemical testing performed at an officer's direction. These rights may be important when evaluating disputed chemical evidence and identifying potential grounds to challenge the prosecution's test results.
Taking Immediate Proactive Steps After an Arrest
What you do after an arrest can affect your ability to challenge the charges. Taking prompt action may preserve important evidence and help you address deadlines that apply to your case.
Review your license suspension notice: In Montana, refusing a lawfully requested chemical test can trigger a separate license suspension. You generally have 30 days after receiving notice of your right to a hearing to petition the district court in the county of arrest to challenge a refusal-related suspension.
Document everything you remember: Write down the time, location, weather conditions, officer's statements, and testing procedures. Share these notes privately with your attorney.
Avoid discussing your case publicly: Don't post about your arrest on social media or discuss case details unnecessarily. Preserve existing messages and records rather than deleting potentially relevant information.
Consult a DUI defense attorney: Early legal representation provides an opportunity to request relevant evidence, review police reports, and identify surveillance footage that might otherwise be lost.
You also have the right to remain silent when questioned about suspected criminal conduct. You can decline to answer questions about your alcohol consumption without legal counsel, although refusing a lawfully requested chemical test may result in separate driver's license consequences under Montana law.
Seeking DUI defense representation early also allows your attorney to evaluate the criminal charge and any separate driver's license proceedings.
Protect Your Future With a DUI Attorney
Building a strong DUI defense requires examining the evidence rather than assuming that an arrest or chemical test result establishes guilt. The appropriate strategy depends on the charge, the circumstances of the investigation, and the evidence available.
I represent individuals facing DUI charges in Great Falls, Montana, and the surrounding areas. I review traffic stops, testing procedures, and police reports to identify potential defenses and explain the available legal options.
Learn more about my background as Attorney Carl B. Jensen Jr., or contact my office today to schedule a free initial consultation about your DUI case.
