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Kissimmee Personal Injury & Criminal Attorney > Blog > DUI > Motions to Suppress Evidence in Your DUI Evidence

Motions to Suppress Evidence in Your DUI Evidence

Defending against charges of driving under the influence (DUI) can be challenging because of the types of evidence typically available in the case. There usually are not many witnesses, and if you have tested above the legal blood alcohol content limit, then you certainly have an uphill battle toward getting your charges reduced or dismissed. However, it is possible to suppress evidence related to your case to bolster your defense.

If police officers collected any evidence against you in a way that would be illegal or if they somehow made an illegal arrest, then there is a chance that your defense lawyer can use the pretrial hearing to file a motion to suppress certain pieces of evidence collected. If your motion is successful, the prosecution will be unable to use any of that evidence at the trial. One example of this would be a situation in which you only consented to give a blood sample after police engaged in abusive behavior against you.

Courts typically hear motions to suppress a few weeks before the actual trial starts, and only a judge presides over these hearings. This judge may or may not be the one presiding over your trial. However, while the idea of a motion to suppress is simple, the actual process can be quite complicated and technical, making it imperative that you have a skilled DUI defense attorney to guide you through the process.

Another situation a motion to suppress is common is when the accused believes that officers had no reason to make the stop in the first place. Officers are required to have probable cause to pull someone over, and if they don’t have it, then any evidence used as a result of that stop is inadmissible for court use.

For more information on the various strategies available to you in defending against DUI charges, reach out to the Orlando criminal defense lawyers at the Law Offices of Salazar & Kelly.

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