3 Tricks Prosecutors Use to Secure a DUI Conviction

Contrary to what many people think, it is often possible to get DUI charges dismissed or reduced, especially for a first time incident. For this reason, overzealous prosecutors often rely on an arsenal of dishonest and sneaky tricks to help shape the trial in their favor. For this reason, it is absolutely crucial to hire a skilled Riverside DUI defense attorney if you are facing charges.

Our founding attorney is a former District Attorney who understands the tricks prosecutors will use to get a conviction. Call (951) 291-0105 today for the tough defense you need.

Trick #1: Overcharge, Then Offer a Plea Deal

This is an especially common tactic here in California, as our state allows for a “wet reckless” conviction – essentially a reduced version of a DUI with lesser penalties. Prosecutors will often file as many charges as they can, and attempt to scare you into accepting a plea bargain for a lesser charge. In some instances, this can be a good thing – plea bargains can be hugely beneficial to you if it is likely you will be convicted of a greater charge. In other cases, however, innocent people plead guilty out of fear and uncertainty.

Trick #2: Withholding Information

If you are ever arrested for DUI, it is important to remember as many details about the arrest as possible. There are a number of procedural errors police can make which will invalidate or weaken the charges against you, including:

  • Failing to fully read you your rights
  • Setting up roadblocks improperly
  • Administering a BAC test improperly
  • Stopping you without cause

When a crucial error occurred during the arrest, prosecutors will not typically share this evidence with you unless prompted. Instead, they may try to build a case which glosses over these weak points, knowing that most people will not hire a tough, trial-tested Riverside DUI attorney. A good lawyer will know what to look for, and how to use this evidence to defend you in court.

Trick #3: Flipping The Evidence

DUI cases involve notoriously unreliable evidence, such as field sobriety tests and breathalyzer results. As a result, prosecutors often feel the need to turn evidence of your innocence into evidence of guilt. For example, if you performed well on field sobriety tests, they may try to convince the jury that this is indicative of your high alcohol tolerance, and will imply that you have a pattern of heavy drinking.

Our firm includes a Certified Specialist in Criminal Trial Law. Contact us today for your free initial consultation.

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