The 2 Major Defense Strategies a DUI Specialist Can Use In Your Case
DUI offenses are serious and the consequences severe. It is important to remember that this is something that can enter into your criminal records damaging your reputation even with potential employers in the future. You therefore want to try every way possible to keep your records clean and the first step towards this would be to hire a DUI attorney as soon as you are charged with driving under the influence.
An attorney will not only help you understand the legal process that can be challenging for most but they also will come up with decent legal strategies that can actually have the case dismissed. To get the best with your case, it would be a good idea to settle for a DUI specialist with a track record you can trust. There are many approaches that the professional can use in your defense, but the two major ones are violation of blood test procedure and lack of probable cause.
1. Violation in breathalyzer or blood test procedure
Upon stopping you, a law enforcement officer will have you go through field sobriety tests and a breathalyzer test to determine your alcohol levels in your blood. You will usually be charged with an offense if your levels are over 0.08%. You are keen on how the tests were conducted; it is possible for the attorney to save you from prosecution. In most cases attorneys work to prove that the breathalyzer device was faulty and therefore the results unreliable. In some regions the devices need to be serviced and also inspected for omissions and errors and an overlook on proper service can give your legal representative the upper hand in the case. Errors in administering the test can also be used to render the results unreliable.
2. Lack of legal reason to stop you
What most people do not know is that a police officer has no right to stop you randomly unless there is a legal reason for them to do so. The same is the case in a DUI charge. The arresting officer needs to have reasonable suspicion or a probable cause to stop you otherwise you can challenge the charges and probably even have the case dismissed. DUI suspicion stops can be triggered by disregarding speed limits, veering all over the road and any other dangerous or reckless driving behavior. In some cases, you could also be stopped if you appear to be driving too slowly and you seem very alert while at it. Your DUI attorney will want to find out why you were stopped so they can create a case upon lack of probable case if there was really no reason for you to be stopped.
The other approaches that an attorney can use in your defense to have the case dismissed include insufficient impairment evidence which again reverts back to how the breathalyzer or sobriety tests were conducted by the arresting officer upon stopping you for driving under the influence suspicion.