There is one thing that each and every person accused of a crime deserves in this country: a fair trial. But who is going to guarantee you a fair trial? Your criminal lawyer, of course. They will formulate a defense and fight for leniency. Even if you are ultimately convicted, having a good criminal lawyer can help you get your charges reduced or your sentence shortened. So how do you find a good criminal lawyer? What will your meeting with them be like? We believe you'll find answers to those and other big questions on this website. After all, we've combed the internet for good, reliable information on criminal law.
Driving under the influence (DUI) is a serious offense with potential repercussions. However, being charged doesn't automatically equate to a conviction. Understanding the available legal defenses can significantly alter the outcome of a DUI case.
Improper Stop by Law Enforcement
Law enforcement officers must have a legitimate reason to initiate a traffic stop. Pulling over a driver without probable cause or reasonable suspicion violates constitutional rights. Such stops can result in the dismissal of any subsequent DUI charges. Legal experts often challenge DUI cases based on the validity of the initial stop.
Accuracy of Field Sobriety Tests
Field sobriety tests assess impairment by evaluating balance, attention, and physical ability. However, external factors like uneven surfaces or certain medical conditions can affect outcomes. These tests are subjective, relying heavily on officer observations. Consequently, the precision and impartiality of these assessments are often disputed in DUI defenses.
Functioning of Breathalyzer Tests
Breathalyzer devices gauge alcohol levels by analyzing a breath sample. Various factors, including device calibration and user errors, can influence their accuracy. An improperly maintained or used breathalyzer can yield incorrect results. Challenging the reliability of these tests often forms a core defense strategy in DUI cases.
Medical Conditions and Other Factors
Certain medical conditions can mimic signs of intoxication. Diabetics, for instance, might have breath that smells of alcohol due to ketoacidosis. Allergies, fatigue, or even having recently used mouthwash can affect BAC readings. It's crucial to consider these factors when building a defense.
Chain of Custody Concerns
Handling and preserving evidence, especially blood samples, is crucial in DUI cases. Any discrepancy or mishandling in the evidence chain of custody can jeopardize its admissibility in court. Proper storage conditions must be maintained to ensure sample integrity. A broken chain can potentially nullify critical evidence against the accused.
Rights During Arrest
Every individual has specific rights upon being arrested. Law enforcement must inform the person of these rights promptly. Any violation, such as denying access to an attorney, can become the foundation of a strong defense. Proper adherence to these rights is vital for the legitimacy of the arrest.
Final Thoughts
While a DUI charge is severe, various defenses can challenge the evidence presented by the prosecution. By understanding these defenses, individuals can better navigate the legal process and potentially reduce or even dismiss the charges against them. It's always recommended to consult with a legal expert when facing a DUI charge to explore all available options.
For more info, contact a local DUI lawyer.
Share28 August 2023
