If I choose to take my DUI case to trial, what issues can be investigated to established reasonable doubt and beat the conviction?
Too often people are convicted of DUI because they assume that the evidence against them is so strong that defense is impossible. Any time that a person is facing charges, it is important for her to understand just how difficult the task of proving a crime beyond a reasonable doubt can be. If a prosecutor cannot achieve it, the charges must be dropped.
In DUI cases, reasonable doubt requirements can hurt a prosecutor in a number of ways. For example, chemical testing tends to be one of the prosecutor's most powerful weapons. However, it can also be the factor in a case that causes him to lose the most ground.
Individuals are often unaware that testing machines such as breathalyzers can be very unreliable. If they are not maintained and used properly and they are not used by qualified individuals, the results are often deemed inadmissible. A wide range of procedural and scientific questions can also raise reasonable doubt when blood testing is done. Without test results, a prosecutor must base his charge on other evidence, which he may not have or which may be insufficient. This will result in the charges being dropped.
Medical issues can also produce results. Consider that a person has several drinks immediately before driving and then is arrested. Then, his BAC testing is delayed for hours. During this time, the level of alcohol in his blood rises. This leaves the prosecutor with the task of proving that the person was legally intoxicated at the time of arrest, which he often cannot do.
This is why it is always imperative to talk to a DUI lawyer and to have your case professionally assessed.