A DUI arrest is a serious matter that can have you lose your license, as well as facing fines and jail time. Thankfully, there are defenses your attorney can use to defend you in case your case. The best lawyer can help you in identifying specific issues in your case to determine the best defense to use. These defenses include the following:
You Were Not Allowed to Call a Lawyer
Every person has the legal right to consult a lawyer when being investigated for a crime before or after their arrest. When being investigated for a DUI, such a right is critically important as the time frame for this type of investigation comes into play with independent exculpatory evidence.
Inaccurate Breath Alcohol Testing or BAC
A breath test indirectly measures your blood alcohol level. Unfortunately, the test can lead to inaccurate reading because a test alone is not enough to determine your system’s alcohol levels. Your lawyer will consult with a forensic toxicology expert to identify any breath testing issues that can produce a valid defense to your breath test.
Illegal Stop
While you drive your car, a police officer cannot stop you unless they have a reasonable basis to think that you violated a traffic law or other law. Also, the officer cannot seize you unless you had a violation. In any type of criminal case, the state must prove that the evidence was obtained legally. Your lawyer can analyze your case to figure out if they should file a Motion to Suppress Evidence. This motion works if you have been stopped in traffic illegally.
You Have a Medical Condition that Resulted in Your Stop
If you are suffering from a neurological issue or chronic fatigue, you may show some behavior like slurred speech or stumbling. Because of this, an officer may believe you are intoxicated. Likewise, medical conditions like sinus issues or allergies may result in watery or red eyes. If you suffer any of these medical conditions, your attorney could use it to fight the evidence the prosecution may present.
If you have been stopped and arrested for driving under the influence, do not worry about what could happen to you. A great attorney can use different defenses that apply to your situation. If you are not sure about your defense or have any questions, get in touch with your attorney for assistance. DUI cases present many challenging issues on legal and scientific defenses. But, a good lawyer can help you understand your rights.
Four Defenses Your DUI Attorney Can Use to Fight Your DUI Charge
A DUI arrest is a serious matter that can have you lose your license, as well as facing fines and jail time. Thankfully, there are defenses your attorney can use to defend you in case your case. The best lawyer can help you in identifying specific issues in your case to determine the best defense to use. These defenses include the following:
You Were Not Allowed to Call a Lawyer
Every person has the legal right to consult a lawyer when being investigated for a crime before or after their arrest. When being investigated for a DUI, such a right is critically important as the time frame for this type of investigation comes into play with independent exculpatory evidence.
Inaccurate Breath Alcohol Testing or BAC
A breath test indirectly measures your blood alcohol level. Unfortunately, the test can lead to inaccurate reading because a test alone is not enough to determine your system’s alcohol levels. Your lawyer will consult with a forensic toxicology expert to identify any breath testing issues that can produce a valid defense to your breath test.
Illegal Stop
While you drive your car, a police officer cannot stop you unless they have a reasonable basis to think that you violated a traffic law or other law. Also, the officer cannot seize you unless you had a violation. In any type of criminal case, the state must prove that the evidence was obtained legally. Your lawyer can analyze your case to figure out if they should file a Motion to Suppress Evidence. This motion works if you have been stopped in traffic illegally.
You Have a Medical Condition that Resulted in Your Stop
If you are suffering from a neurological issue or chronic fatigue, you may show some behavior like slurred speech or stumbling. Because of this, an officer may believe you are intoxicated. Likewise, medical conditions like sinus issues or allergies may result in watery or red eyes. If you suffer any of these medical conditions, your attorney could use it to fight the evidence the prosecution may present.
If you have been stopped and arrested for driving under the influence, do not worry about what could happen to you. A great attorney can use different defenses that apply to your situation. If you are not sure about your defense or have any questions, get in touch with your attorney for assistance. DUI cases present many challenging issues on legal and scientific defenses. But, a good lawyer can help you understand your rights.