DUI charges have changed over the last few decades. Some years back, DUI was considered a minor offense, and the penalties were limited to DUI classes and low fines. However, these charges now carry serious consequences, including hefty fines, lengthy jail sentences, and the potential to have your driver's license suspended.
Because of the severe consequences of DUI charges, talking to a DUI lawyer should be the first thing you do. Here are four DUI defenses that your DUI lawyer will use to reduce a possibly harsh sentence or even have your charges dropped.
1. Unjustified stop by the police
A traffic police officer can only stop you if they have reasonable suspicion. This should be clear and unbiased grounds that provide the police with enough reason that you're breaking the law. Therefore, a hunch or a feeling that you may be breaking the law isn't enough reason for a traffic police officer to stop you. However, suppose an officer observes you weaving in and out of your lane. In that case, there is reasonable suspicion for them to stop you.
2. Inaccurate field sobriety tests (FSTs)
These tests are not always accurate in determining whether a driver was operating a motor vehicle while under the influence. FSTs rely on the interpretation of the officer, and they can give false positives. Injuries, obesity, medical conditions, advanced age, and natural nystagmus can affect the accuracy of these tests. Your DUI lawyer will challenge these tests by proving that the officer made an inaccurate observation.
3. Failure to follow the proper testing procedure
If the standards and rules of collecting evidence are not followed, then the evidence collected isn't admissible in a court of law. The police officer should arrange for a trained and authorized phlebotomist to perform a blood-alcohol analysis immediately after your arrest. Therefore, if the test is delayed or an unlicensed laboratory technician performs it, your attorney can get the evidence thrown out and your charges dropped.
4. False-positive breathalyzer results
Other than alcohol, ingesting or using some substances can give false positive breathalyzer results. Fumes from cleaning chemicals, adhesives, and paint can lead to a false positive. Additionally, a breathalyzer machine can provide a false reading if you have taken some medication, used mouthwash, burp during the test, or if the device is poorly maintained or calibrated. Your DUI lawyer will show how other factors caused the machine to give a false reading and have your charges dropped.
If you're facing DUI charges, these defense strategies can help you beat the charges. However, there's no substitute for the assistance of a knowledgeable DUI lawyer. Therefore, ensure that you seek DUI lawyer services to learn even more defense strategies that may reduce or dismiss your charges.
Share14 April 2021
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