Being arrested for driving under the influence (DUI) is a serious matter. However, being convicted is another matter. You may be uncertain of what to do next, but speaking to a criminal defense attorney will help you understand what you are facing. Your lawyer will very likely use one or more of the below defensive strategies. Read on to find out more.
Was the Stop Legal?
You cannot be stopped without reasonable cause. Law enforcement should be able to provide a reason for pulling you over or the case might be in jeopardy. In many cases, law enforcement observes drivers disobeying traffic laws when they are pulled over and arrested for DUI.
Were You Read Your Miranda Rights?
An arrest is a confusing and often chaotic situation. However, if law enforcement fails to read the suspect their Miranda Rights, the charges can be dropped. Your lawyer will review the dash-cam and body-cam video footage to observe several issues including the reading of your rights at either the scene or later at the jail.
Were You Allowed to Contact an Attorney?
You don't have to answer any questions without your lawyer present. If you were denied this right, any evidence gathered could be suppressed and the charges could be dropped.
What About the Roadside Sobriety Tests?
It's common practice to give those pulled over for suspicions of DUI several sobriety tests. You cannot usually be arrested based on the results of these tests alone, however. These tests assume that the subject is in good health. For instance, one test requires the subject to stand on one leg and balance while they count. If the subject has any muscular or balance issues, they won't be able to perform the test. In most cases, roadside sobriety tests provide law enforcement with reasonable cause to ask the subject to be breathalyzed.
Were You Arrested Because of the Breathalyzer Results?
These tests can be an inaccurate measurement of the blood alcohol level in your expelled breath. In most cases, the portable device used at the roadside is used to make an arrest. The results may be verified using a larger breathalyzer device at the police station. These devices must be properly calibrated and law enforcement must know how to use them. That does not always happen, however. Your lawyer will challenge the results of the tests. If problems are found with the test results, that could mean eliminating one of the most important pieces of evidence available to the state.
Talk to a drunk driving attorney about your DUI case to find out more.
Share25 October 2022
I was having some problems with one of my neighbors and his dogs. His dogs have shown very aggressive behavior and he refused to do anything to prevent them from leaving his yard and putting my kids and my pets in danger. Having talked with some of the other neighbors, we decided that we were going to hire an attorney to help us with this situation. It is amazing how quickly someone will make changes if there is a lawyer involved. To find out what our lawyer did to encourage this man to cooperate, read through this site. Here, you will find a ton of information that can help you take care of issues you may have with your neighbors.
