DUI Defense
Driving under the influence carries severe fines and penalties in all states if you are convicted. These can include getting your vehicle impounded; high fines; community service; suspension of your license; increased insurance rates; and even jail time. If you have been arrested on a charge of driving under the influence, it is very important to find a good lawyer to defend your case. You may be able to reduce the charges, or even possibly have the case dismissed entirely.
Not all attorneys have experience in driving under the influence defenses. It is important to find an attorney who has vast experience in this type of case and a proven track record. There are several ways an attorney can defend your case and weaken the prosecution’s case. The district attorney will attempt to use all available resources in order to prove the cases against you and the defense attorney will attempt to find ways to prove the arrest was invalid.
Your attorney will accumulate get all the information possible from the district attorney and from you in order to determine the best way to defend you. The attorney will look for several possible challenges that may show the arrest was done improperly; the initial stop had no cause; the breath or blood test was administered incorrectly; or the field sobriety test was invalid.
In order to prove the initial stop was invalid, there are several pieces of information that will be examined. Probable cause is needed to stop you. So, if an anonymous call was sent in or a police officer did not actually view your driving, the case may be dismissed. Likewise, if you were pulled over under false pretences the stop may also be invalid. If you were arrested and there was not sufficient evidence to do so, this is cause for a dismissal as well.
Any incorrect procedures on the part of the police will enable the defense attorney to suppress evidence. If your rights were violated in any way, including an illegal car search or improper reading of your rights, the resulting evidence can be suppressed. If you were coerced into taking a field sobriety test, this is a violation of your rights and the results of the test are not sufficient to arrest you.
Breath test challenges are the most popular way of defending a driving under the influence case. There are strict policies that must be adhered to when administering the test and it is often not done properly. If the operator of the machine was not properly certified or the test was not correctly given, this can negate the results. If maintenance records are not produced or there is evidence the equipment was not working properly, this can also be cause to throw out this evidence. A breath test must be given within a certain time period and if not done so can cause the results to be skewed.
An experienced attorney will know the possible challenges in each state in order to give a solid defense against driving under the influence charges. Challenging police procedure; probable cause; and the breath test are primary methods of defending drunken driving cases. Find an attorney who is well versed in these types of defenses in order to reduce the odds of having to comply with the severe penalties associated with the crime.
