There are many different ways to attack the prosecutor's case against a defendant in a DUI case. One effective method is to get any evidence against you thrown out. If the police took a blood test to determine your blood alcohol level or the amount of drugs in your system, it may be possible to challenge the legality of the test and prevent the prosecutor from using it. Here are two possible ways this can be done.
Show a Warrant was Required
Almost all states have implied consent laws that impose a requirement upon drivers to submit to chemical testing when they are pulled over for DUIs, and you may be subjected to certain punishments if you refuse. In Colorado, for instance, your license may be suspended for one year if you decline to undergo chemical testing.
However, the Supreme Court recently ruled police officers must secure warrants to conduct blood testing on people suspected of DUIs. Without a warrant, the police can only require a person to take a breathalyzer or possibly a urine test. The only time law enforcement can forgo the warrant is if a blood test is the lone option for the particular situation and they can't get the warrant and sample within the time limit (if any) set by the state.
If the officer failed to get a warrant to draw your blood, you could get the test results thrown out based on the Fourth Amendment, which protects citizens from unreasonable searches and seizures.
Show You Were Coerced for the Sample
Another way to possibly get the blood test thrown out is to show the police unlawfully coerced you into acting against your own interests. To be admissible in court, police must follow certain laws and procedures; otherwise, the evidence can't be used against defendants.
To get defendants to comply with requests to submit to chemical testing, some officers resort to coercing people to cooperate. This coercion may involve verbal or physical threats or outright lying. For instance, the cop may claim he or she will keep the person in jail until he or she complies or refuse to let the individual speak to an attorney.
If this was the case with your arrest, then you can use this to get any blood, breath, or urine test thrown out of court.
As mentioned previously, there are a variety of ways to defend against DUI charges. For more information about these and other strategies, contact a criminal defense attorney. Visit a website like tekulvelaw.com to learn more.