It cannot be stressed enough that if you have been arrested for a DUI, you need to hire a DUI defense attorney. Finding experienced legal assistance can help you reduce or eliminate these charges.
Everything that occurs during a DUI stop and arrest is subject to the interpretation of the law. An experienced attorney can provide reasonable doubt to the court that the findings of the police are accurate. Some of the common defenses an attorney can use to cause doubt are:
• That Breathalyzer Tests Are Questionable Was the equipment clean? Was it functioning properly? Was there outside interference? Many tests have shown that radio frequencies can interrupt the processes of a breathalyzer, making it register a higher content than what it should show. These frequencies include WiFi, cell phones and other transmission towers.
• Distracting Health Conditions If the defendant has acid reflux or heartburn problems his test will automatically register with a higher alcohol content. Additionally, if the defendant vomited prior to the test, the results will be higher.
• Excessive Dental Work If the defendant has excessive dental work or bad teeth, there could be food particles soaked in alcohol remaining in these areas causing the test to register higher than it should.
• High Protein Diet People that follow a high protein- low fat diet will always register higher on a breathalyzer test because of the ketones in their system from their diet. Someone who has been on this diet for an extended period can actually register has having alcohol on their breath without ever having a drink.
• That Blood Alcohol Tests Are Questionable There are always questions arising from blood tests, such as: Was the blood properly collected and stored and did the blood sit for an extended period? If the blood begins to congeal, the content will register higher.
• That Roadside Sobriety Tests Are Not Accurate In most cases, the person feels so intimidated by the officer that they would not perform well, even if they are completely sober.
• Lack of Probable Cause Did the officer have probable cause to stop the defendant? Officers must have reason to believe a crime is being committed to instigate a traffic stop.
• Whether You Are Caught Driving If you have been drinking, and you are sitting in your parked car, the officer cannot ticket or arrest you for DUI. You must be caught actually driving to be charged with this offense.
Of course, there are many other circumstances that arise that an experienced attorney can use to help a DUI defendant be charged with a lesser crime or absolved altogether. The attorney must carefully examine all aspects of the arrest and determine if there were any violations of the law that are wrongfully being used against their client. Additionally, DUI lawyers often find that the paperwork completed by the arresting officer is faulty. DUI reports must be accurate and complete. Under Title 17, all procedures must be in compliance for the DUI charge to stick in court. Many lawyers find that these reports are not accurate or complete, therefore leading to an automatic dismissal of the case.