How to Defend Against DUI Enhancements
Defending against DUI enhancements requires a thorough understanding of the aggravating factors that led to the added charges. Each enhancement comes with its own set of legal and evidentiary requirements, and attacking the prosecution’s case can often reduce or eliminate the additional penalties. Below are effective defense strategies typically used to combat DUI enhancements.
Challenging the Evidence
Many DUI enhancements rely on specific evidence, such as blood alcohol content (BAC) results, speeding measurements, or the presence of a child in the vehicle. A strong defense often starts by carefully scrutinizing this evidence for inaccuracies or inconsistencies. For instance:
- Chemical Test Results: BAC results may be challenged if the testing equipment was not properly calibrated, the test was improperly administered, or other factors like medical conditions or contamination impacted the readings.
- Speeding and Reckless Driving Allegations: If the enhancement is based on claims of excessive speed or reckless driving, a lack of evidence, such as radar validation or video footage, can weaken the prosecution’s argument.
- Witness Testimony: For cases involving children or other aggravating factors, discrepancies in eyewitness accounts or conflicting evidence can cast doubt on the credibility of the charges.
Questioning the Validity of Enhancement Factors
To impose an enhancement, prosecutors must meet the burden of proof for each aggravating circumstance. An experienced attorney will raise reasonable doubt about the validity of these factors by examining:
- Whether the driver truly exceeded the specific BAC thresholds required for enhancements, such as 0.15% or 0.20%.
- Whether there is sufficient evidence to prove reckless driving or endangerment, such as intent to drive unsafely or proximity to other vehicles.
- Whether enhancements for prior convictions are applicable, particularly if the prior offenses were reduced or do not fall within the valid timeframe for repeat DUI penalties.
Identifying Procedural Errors
Procedural mistakes made by law enforcement officers during the arrest process can provide a strong basis for defense. These errors may include:
- Unlawful Stops or Arrests: An officer must have reasonable suspicion to stop a driver and probable cause to make an arrest. If this is absent, anything obtained thereafter, such as test results or evidence of recklessness, may be inadmissible in court.
- Improper Admonishments: If officers failed to inform the driver of their rights or the consequences of refusing a chemical test, the enhancement related to chemical test refusal may be invalid.
- Chain of Custody Issues: Any errors in handling and preserving evidence, such as BAC blood samples, can compromise its reliability and lead to reduced charges.
Exploring Mitigating Factors
Even if the evidence supporting the DUI enhancement appears strong, presenting mitigating factors to the court can help reduce the penalties. These factors might include:
- First-Time Offender: Demonstrating a clean driving record and lack of previous offenses can be persuasive during plea negotiations.
- Emergencies or Necessity: Explaining the circumstances that led to the alleged reckless or impaired driving, such as a genuine emergency, can provide context for leniency.
- Steps Toward Rehabilitation: Voluntarily attending DUI classes, installing an ignition interlock device (IID), attending AA meetings, or engaging in substance abuse treatment can reflect a commitment to corrective action.
Negotiating for Reduced Charges
DUI defense attorneys often negotiate with prosecutors to reduce or dismiss enhancements by reaching a plea bargain. For example:
- Dismissing the enhancement in exchange for a plea to the DUI charge.
- A reckless driving enhancement might be dropped if the DUI charge is reduced to a less serious offense, such as “wet reckless.”
- Agreements to mitigate penalties, such as fewer days in jail or a shorter license suspension, may be reached in exchange for plea deals.
