There are many different defenses a DUI attorney can offer to help get you off a DUI charge.The most important step you need to take if you have been charged with a DUI is to hire an attorney immediately so that we can prepare and mount a proper defense. While there are a few creative defenses we can employ if necessary, we need to find out what evidence exists and if it is accurate. In most cases, we will simply be challenging the officer’s observation of what transpired during and before the actual arrest. In addition, we will be challenging the evidence, such as the readings of a breathalyzer. Some common defenses include –
Challenging the Portable Breathalyzer or Regular Breathalyzer
When a driver is pulled over and administered a breathalyzer test by the police officer on the side of the road, the police officer will be using a portable breathalyzer. As a DUI attorney, one of the things we will challenge is whether or not the breathalyzer was administered properly on the side of the road. Questions we ask include, “Was the officer was correctly trained?” We will also want to look at other factors like potential indigestion, which may influence the breathalyzer test and give a false positive. Once the driver has been placed into custody and is taken to the police station, a second breathalyzer test, known as a standard breathalyzer test, will be administered. Similar to a portable breathalyzer test, we will also challenge the results of a standard breathalyzer test using the same standards, including the training of the officer involved if there are intervening factors, and if the breathalyzer test equipment was properly calibrated and maintained.
Challenging the Blood Alcohol Concentration (BAC)
One of the more common defenses if you have been issued a blood alcohol concentration test that finds the concentration of alcohol in your bloodstream to be higher than the legal limit is to argue the “rising blood alcohol concentration defense.” Essentially, your DUI attorney focuses on the fact that it’s possible that recently consumed alcohol was not fully absorbed into your system until after you were arrested. What this means is that at the time of the arrest, you were not over the legal limit, and therefore, the arrest itself should never have occurred.
Challenging the Stop Itself
The Fourth Amendment to the Constitution of the United States requires that all law enforcement have probable cause to stop and search a person. This is also true for DUI stops and the administering of field sobriety tests or breathalyzers. A police officer who does not have probable cause to make the initial traffic stop may find that a good DUI attorney will have the case thrown out for violating the Fourth Amendment. One of the first things your DUI attorney will look at is the circumstances surrounding the stop and such, will analyze the police officers reported for any record of suspicious behavior that might have alerted the officer of the fact that you were driving under the influence. The lack of such a report demonstrates there’s a good chance we can challenge the stop as an improper stop and have the case dismissed.
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