DUI charges are criminal charges, which means that a prosecutor has a burden of proving your guilt beyond a reasonable doubt. If a prosecutor cannot convince a judge or jury to believe beyond a reasonable doubt that you drove drunk in violation of the law, you will be found innocent of the charges against you. This means that Tacoma DUI attorney does not need to prove you are innocent in order to get you off on the DUI: he just has to introduce doubt or prevent the prosecutor from being able to prove your guilt.
Introducing Reasonable Doubt
A Tacoma DUI attorney can introduce reasonable doubt in a DUI case by showing the judge or jury that there was something wrong with the evidence being presented against you. For instance, your Tacoma DUI attorney may be able to cast doubt on the accuracy of the breathalyzer test that was administered by showing that the machine had not been calibrated properly or that the officer who administered the test had never really been properly trained in how to do it.
If you had a blood test or other BAC test at a hospital or police station after your arrest, your Tacoma DUI attorney can use a defense called the “rising BAC” defense in order to introduce doubt. This defense argues that your blood alcohol level kept going up even after you were arrested, so although it might have exceeded the legal limit when the test was given to you, it didn’t at the time when you were driving.
By introducing these different DUI defenses, your Tacoma DUI attorney can poke holes in the prosecutors case. If the judge or jury then believes that your version of events might be the true one, you can avoid the serious consequences associated with a Seattle DUI.