Criminal Defense in Orange County

Was Someone Else Responsible For Your DUI Arrest?

One of the most common defenses in any criminal case is providing an alternate theory that states that someone else other than the defendant was responsible for your crime. This, however, is quite rare in DUI cases, because in most DUI cases, the arresting officer saw the defendant driving. However, experienced criminal defense attorneys know there are cases where the alternate suspect defense is appropriate for a defense. This is usually the case when the arrest is based on some sort of accident (such as a hit-and-run) and the officer did not confront the defendant while he was behind the wheel.

The primary advantage of this defense is that there is no confrontational evidence. Since the officer did not actually observe you driving, your attorney simply has to explain away the circumstantial evidence. However, this defense relies on your testimony. You have the option of whether or not to testify in DUI cases; however, if your defense relies on the alternate suspect defense, you must testify in order for your case to have a realistic chance of success. Most jurors tend to be suspicious of the alternate suspect defense. Thus, failing to testify may seriously damage your credibility.

The prosecutor may cross-examine you as to your alcohol consumption, but if you can convincingly and consistently testify that you were not driving, it should not matter. It takes an experienced Orange County DUI attorney to successfully execute this defense. Make sure you have one on your side. Call The Law Office of Barney B. Gibbs today for a free initial consultation.