Fighting A DUI Charge
Have you or a loved one recently been arresting for driving under the influence? You can fight your DUI charge.
The first thing you should do is hire a DUI defense attorney who is experienced with the laws in your community. A good DUI lawyer will then examine your case for flaws and weaknesses and advise you of the best course of action to fight your DUI charge.
Using Police Mistakes To Fight Your Charge
There are many common flaws in drunk-driving cases. The first is a lack of probable cause for your initial stop. Probable cause means that the officer has good reason to suspect that a crime or some wrongdoing has occurred. If the officer did not have probable cause to pull you over, then your DUI attorney may petition the court to suppress any evidence that the officer obtained resulting from your stop. However, being stopped at a DUI roadblock or sobriety checkpoint doesn’t violate the probable cause requirement.
Another common weakness in the prosecutor’s DUI case is faulty or unreliable blood alcohol content (BAC) results. BAC or Breathalyzer test results are the most important evidence that the prosecutor has. If these test results are challenged successfully, the entire case against you can disintegrate. There are a number of reasons that these tests can be challenged. The reasons include:
- Improper administration of the test
- Poorly documented maintenance of the chemical testing equipment
- Medical conditions that would affect the BAC test results.
A DUI attorney who is familiar with the local police department will be knowledgeable about the common flaws in the local law enforcement department’s testing equipment or testing process.
Challenging The Arresting Officer's Testimony
The credibility of the arresting officer may also be called into question during your trial. There is normally only one officer present during a DUI charge, and they are responsible for administering the field sobriety and chemical tests. The establishment of probable cause depends greatly on what the officer observed before and after the initial stop. It also relies on whether or not the officer was properly trained to administer field sobriety tests. If your attorney notices discrepancies in the officer’s testimony or documentation, this may help to win your case.
Depending on your circumstances, the attorney may negotiate to help you get a favorable plea deal. Your attorney can use the weaknesses in your case to argue for reduced charges or sentencing.
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