The Initial Evaluation of Your DUI Case - Liberty Law

The first order of business for your Salt Lake City DUI defense lawyer is to evaluate all the elements of your case. Strengths and weaknesses will be taken into consideration, after which a defense strategy can be mapped out.

The prosecution may plan to use field sobriety test results, the testimony of witnesses at the scene, and officer’s reports to argue their case. If you have a criminal record, they may want to use this against you. Your DUI attorney will scrutinize each piece of evidence to determine if the state can prove its case beyond a reasonable doubt.

Your Salt Lake City lawyer will also take into account whether the arresting officer had probable cause to stop you. Police generally observe the appearance of a suspect, along with his demeanor. If the suspect is driving erratically, swerving or moving too slow for traffic, this may be a sign of intoxication. If the police report indicates that you did not display any of these signs, this may be a weakness in the state’s case. If you were respectful and clear-minded when talking to the officer, and can recollect the events clearly later, this may also work in your favor. Your lawyer may call into question the BAC reading and say that it is inconsistent with your demeanor.

Your lawyer will also evaluate the strengths and weaknesses of your argument. You may have witnesses that will counter the claims of those called by the state. Finally, your DUI lawyer will consider the penalties you face, and read case law to find statutes that apply.

Your Salt Lake City DUI defense lawyer will decide whether yours is a case where a plea bargain is appropriate, or whether it must be brought to trial. If you do not yet have a lawyer, call the offices of James Lee for a free evaluation.