DUI Defenses Are Virtually Endless
Posted on Sep 22, 2015 8:40am PDT
It's amazing how many people are arrested for driving under the influence (DUI) who automatically assume that there's nothing that can be done, that their case is hopeless. This perception couldn't be further from the truth.
DUIs are NOT open and shut cases because there are so many factors that come into play. Even if a person's BAC registered at .08%, the legal limit, or if they failed the field sobriety tests, that doesn't mean that they're doomed. There are still a number of DUI defenses that a good DUI attorney can raise. The defense possibilities are almost endless.
It's your lawyer's job to ask the right questions and carefully examine the evidence. Your attorney should ask:
- Why did the police officer initiate the traffic stop? Was it legal?
- Were the field sobriety tests done correctly, and in accordance with federal guidelines?
- Do you suffer from a medical condition, such as diabetes or GERD that could have resulted in a false BAC reading?
- Were you the one who was driving or in physical control of the vehicle?
- Was the chemical test taken, stored, and analyzed correctly?
- Was the technician properly trained to perform such a test?
- Were you another victim of police misconduct?
While most police officers enter the force because they want to help their communities, we can't deny that many departments have a few unscrupulous individuals who are willing to lie on the stand, illegally obtain or purposely fabricate evidence.
If police misconduct has occurred in your case, your attorney may be able to get evidence suppressed. Depending on the misconduct, the prosecutor may reduce or dismiss the charges altogether.
If you're facing DUI charges, reach out to an experienced DUI lawyer who can provide you with a hard-hitting defense!