The Odds Of Winning a DUI Trial

Posted On: September 30th, 2019 by Bradley J. Groene
Lady justice statue

When clients come to us about their DUI charge, they often want to know what the odds are of winning. Each case is unique so there is no across-the-board answer. That said, your chances of winning are not very good if you decide to represent yourself. DUI cases are aggressively prosecuted, and you will not be given a lenient sentence even if you cooperate. Hiring an experienced DUI defense attorney can level the playing field and significantly improve your chances of a positive outcome.

The Cincinnati DUI defense attorneys at Luftman, Heck & Associates can provide you with a pro-active, aggressive DUI defense. With over 10 years of experience, we know what it takes to win your DUI trial. If you’ve been charged with DUI in Cincinnati or the surrounding areas and want to protect your future, call us at (513) 338-1890 or contact us online to schedule a free consultation.

What You’re Up Against

First, you need to understand that no DUI case is open-and-shut, no matter what the prosecution would like you to believe. However, as we mentioned above, your chances of winning your DUI trial are fairly small if you are not represented by counsel. There are two main reasons for this:

  1. Bias. There is a stigma that attaches simply by being charged with DUI, and jurors are already biased against drunk drivers.
  2. Professional witnesses. The prosecution will rely upon testimony from police officers and lab technicians who are trained in how to testify in court. This means that they will be adept at emphasizing the evidence in their favor while avoiding any evidence that undermines their case.

An experienced DUI defense attorney knows how to overcome juror bias and how to effectively challenge the testimony of professional witnesses. In addition, they will also know the law and rules of evidence, to ensure that your rights are protected.

Navigating the Criminal Justice System

Ultimately, the outcome of your DUI trial is either an acquittal or a guilty verdict. However, there are many critical steps leading up to the trial, some of which can make or break your case. Criminal procedure is complicated, and the prosecution will take full advantage of your lack of experience and unfamiliarity with the law. A criminal defense attorney can use legal procedure to your advantage so that you are in the best possible position to prevail at trial. Here are some steps that can be taken to help you win your DUI trial:

  • Discovery requests to obtain all of the evidence against you that the prosecution intends to use
  • Pre-trial motions to exclude evidence or dismiss charges
  • Jury selection to ensure a fair and impartial trial
  • Aggressive negotiation of any proposed plea agreements

Creating an Effective DUI Defense Narrative

At trial, jurors will often wind up believing what they hear. Allowing the prosecution to create the only narrative they hear is a tremendous mistake. Because of the heavy bias against people charged with DUI, simply challenging the evidence is often not enough. Instead, you need to develop an overarching narrative that overwhelmingly supports your acquittal. For example, your attorney can use the evidence to argue the following:

  • The arresting officer did not have probable cause to pull you over or suspect you of DUI.
  • The sobriety tests were not properly administered.
  • The officer who performed the tests was not properly trained.
  • The evidence was improperly handled.
  • The testing equipment was not properly calibrated.

Your attorney could use these arguments to develop the overarching narrative that your charges are the result of over-aggressive enforcement efforts and sloppy police work.

Call the Cincinnati DUI Defense Attorneys at Luftman, Heck & Associates

While the outcome of your DUI trial may be difficult to predict in this post, we can predict that your chances of success without an attorney are fairly low. If you’ve been charged with DUI, the best thing you can do is to speak with Luftman, Heck & Associates LLP right away. Contact the DUI defense attorneys at (513) 338-1890 to schedule a free consultation and discuss how we can help you.