Possible Defenses for a DUI Vehicular Homicide Case
Car Accident Lawyer
A person may be faced with a DUI vehicular homicide if a car accident they caused resulted in someone else losing their life and they were found to be under the influence of alcohol at the time. The prosecution must prove beyond a reasonable doubt that the accused was acting negligently while intoxicated, such as falling asleep while driving, breaking a traffic law, or operating their vehicle recklessly. When facing such a conviction, it is imperative that the accused consults with a reputable and seasoned criminal defense attorney, like a criminal defense attorney in Fairfax, VA, who is also familiar with DUI cases.
Depending on the circumstances of the car accident, your DUI criminal defense attorney may use the following strategies during your trial:
Failure to Perform a Proper Field Sobriety/Breathalyzer Test
An officer may have arrived at the car accident scene and requested that the accused take a field sobriety test. These tests were created as a way to determine whether the driver is impaired due to a substance. For the results to be accurate and fair, the officer must have followed protocol and the breathalyzer must have been used in the correct manner. Your DUI criminal defense attorney may argue that the officer who gave the test did not abide by the procedure described in the Field Sobriety Testing Manual.
Many people who do a field sobriety test fail because they have a medical condition, are walking on uneven pavement, are stressed from being pulled over, have speech difficulties, or speak another language. It is also possible that the defendant was injured due to the crash, which impacted his or her ability to perform the test properly.
Inaccurate Results or Poorly Handled Blood Test Sample
When a serious car accident happens, both parties may have been ushered to the hospital for immediate care due to serious injuries. While at the hospital, a blood test may be performed to find out if there are any substances in their system. Your DUI criminal defense attorney may fight to get this evidence excluded from being used against you if there are indicators that the test wasn’t run correctly or the blood sample wasn’t handled properly.
The blood test evidence may be suppressed if it can be successfully shown that external factors influenced inaccurate results. For instance, your DUI criminal defense attorney may argue that the blood draw area was swabbed with alcohol and could have tainted the results. Or, it may be argued that the blood was drawn too long after the crash which may result in a higher BAC than at the time of the accident. There are many ways that BAC testing could have been flawed. Your DUI criminal defense attorney can investigate to see if this may have happened to you.
Don’t hesitate to contact a local and reputable DUI criminal defense attorney in your area for representation. With as serious a charge as DUI vehicular manslaughter is, you will want a strategic and strong legal professional at your side.
Thanks to May Law, LLP for their insight into some of the possible defenses for a DUI vehicular homicide case.