Why Do Lawyers Drag Out DUI Cases?

If you’ve been charged with a DUI/DWI, you may feel like the legal process is taking forever to resolve. This is not uncommon, and in many cases, it’s a strategic move by your defense attorney. While the prolonged timeline might be frustrating, there are valid reasons lawyers choose to extend DUI cases. Let’s break down some of these reasons and how they can ultimately work to your advantage.

Our Firm Always Chooses Our Client’s Best Interest

The Barkemeyer Law Firm is a group of Louisiana DWI lawyers that practice primarily DUI defense in all areas of Louisiana. We are not spending our time and efforts on personal injury cases or traffic tickets. We focus on DWI defense all day, every day.

Therefore, we know what is best for our clients in a DWI case. We would never drag out a case unless it would help our client. As you’ll see in this article, sometimes it may seem like the case is “dragging out” when really it is just the standard process.

1. Thorough Evidence Review

DUI cases often hinge on the evidence gathered during the arrest, such as breathalyzer results, field sobriety tests, bodycam footage, or witness statements. By extending the case, our DWI lawyers can take the time needed to meticulously review all evidence. This allows them to identify any flaws, inconsistencies, or violations of procedure that could weaken the prosecution’s case.

Example:

• Were the breathalyzer results accurate and properly calibrated?
• Did law enforcement have probable cause to stop your vehicle?

A careful review can uncover errors that may lead to reduced charges or even dismissal.

2. Gathering Additional Evidence

Time can also be used to collect additional evidence to bolster your defense. This might include obtaining medical records, consulting expert witnesses, or analyzing environmental factors that could have affected the tests (e.g., weather conditions impacting field sobriety tests).

Strategic Advantage:

The longer the case takes, the more opportunity there is to strengthen your defense.

3. Pushing for Discovery Delays

Defense attorneys can use motions and discovery requests to obtain critical information from the prosecution. This process takes time and can reveal evidence the state may have been reluctant to share. Delays caused by the prosecution’s failure to provide documents or information can sometimes be leveraged to negotiate a better outcome for you.

4. Witness Availability

The credibility of the arresting officer or other witnesses can significantly impact your case. Over time, witnesses may become unavailable, their memory may fade, or they may lose credibility due to other legal issues or job-related misconduct. A delayed timeline could benefit your defense if the prosecution’s key witnesses weaken over time.

5. Negotiating a Plea Deal

Prolonging the case can create opportunities for negotiation. Prosecutors are often burdened with heavy caseloads, and as time passes, they may become more willing to settle the case with a plea deal that reduces charges or penalties. Defense attorneys may use this to your advantage, especially if the case against you is not airtight.

6. Humanizing the Defendant

Over time, a defendant’s behavior and actions can demonstrate that they have learned from their mistakes. Completing DUI education programs, attending counseling, treatment, or maintaining a clean record can paint a more favorable picture to judges and prosecutors. This can help reduce penalties or show that leniency is warranted.

8. Impact of Court Backlogs

Finally, court systems are often overloaded with cases, especially DUI cases. Lawyers can use this to their advantage, knowing that judges and prosecutors may prefer to resolve older cases rather than dragging them out indefinitely. This can increase the likelihood of reaching a more favorable resolution for you.

Patience is Part of the Strategy

While a prolonged DUI case may feel like a frustrating ordeal, it’s often part of a carefully crafted defense strategy. By taking the time to thoroughly investigate the evidence, negotiate with prosecutors, and exploit procedural delays, your DWI lawyer can significantly improve the outcome of your case.

If you’re concerned about the timeline of your case, it’s essential to maintain open communication with your attorney. We can provide insight into the reasoning behind delays and how those delays are working to your benefit. Remember, in the legal world, patience is often a powerful tool.

If you have been arrested for a DUI/DWI in Louisiana, feel free to contact us.