If you are arrested for DUI, you will need to have a good defense attorney on your side to plead your case. There are a number of winning strategies a defense attorney can use to beat the charge. These trained professionals will help you understand your rights and also work out a defense strategy that fits your specific situation.
Table of Contents
1. Reasonable Suspicion
Lack of reasonable suspicion is one of the main reasons why DUI charges are tossed. The law enforcement officer has to have a reason to pull you over in the first place. If they don’t have reasonable suspicion directly associated with the DUI, the case will be dismissed.
2. Lack of Probable Cause
Probable causes can also be challenged. The officer must have solid probable cause as to why you were arrested. If that cannot be articulated, the case will be tossed.
3. Challenge Field Sobriety Test
Field sobriety tests can be faulty. And some officers don’t even perform them correctly during DUI arrests. The results of DUI tests can be challenged. A very good defense attorney can go after the results based on the officer’s inability to administer the test properly.
4. Challenge HGN Test
The Horizontal Gaze Nystagmus (HGN) test can also be challenged depending on the circumstances. Involuntary jerking is deemed as the litmus test of the HGN test. A skilled attorney can have the results invalidated or deemed inadmissible.
5. Challenge Breathalyzer Test
The Breathalyzer test can be challenged in all states. In most cases, the breathalyzer can be administered two ways: The breath test can be performed in the field or at the police station. The error rate on a breathalyzer cannot exceed 20 percent. Also, the error rate with the breathalyzer cannot be more than 10%. If it is suspected that the police officers administered it wrong or it can be ruled inadmissible.
6. Challenging Blood Tests
There can also be challenges to the blood test with and if it is administered inappropriately. If the court deems it so, it can be viewed as inadmissible to your case.
7. Rising Blood Alcohol Challenge
The rising blood alcohol defense is a bit obscure but it has been used. It happens when was under the limit when you were stopped but rose later after your arrest.
8. Constitutional Rights Violations
Last but not least, were your rights violated? There are a number of ways police officers can violate your rights during an arrest. Only a competent DUI lawyer can tell you that and use it for your case. Bodycam footage can be used to see the entire encounter so there can be no dispute. If your rights were violated, the case will be automatically thrown out.
Remember a DUI charge is very serious. While laws vary from state to state, the ending could be bad. You could end up with a fine, jail time, and either a felony or misdemeanor on your record. If you need help, call an experienced lawyer for help. They will carefully guide you through the process and help you understand your rights.