Being embarrassed at finding yourself behind bars for driving under the influence (DUI) is only natural, but taking action and fighting back against those charges are important. A DUI conviction, even for first-timers, carries serious penalties that might include community service, loss of driving licenses, jail time, and thousands of dollars in fees, classes, penalties, and more. If you fail to take action, you might end up paying the price for your passivity in more ways than one. Read on to find out more.
Working With a Criminal Defense Lawyer
The faster you speak with a lawyer, the better you will feel about your situation. DUI arrests are rife with issues concerning the traffic stop, the field sobriety testing, the arrest, and more. Your attorney needs to have as much information as possible to properly evaluate your case, so be sure to bring the arrest report and other paperwork with you to your first appointment. Additionally, the attorney will subpoena vital evidence from the scene to assist you in having your charges dropped or reduced. For example, the blood alcohol test results, the dash or law enforcement officer's camera footage, the results of the field sobriety tests, and more could prove to invaluable to your case.
DUI Defense Tactics
There's no such thing as a simple DUI stop. There are many working parts to a DUI arrest that must be scrutinized for accuracy and lawfulness, so there is a good chance that something was not done strictly "by the book." There are a few common areas of concern that seem to pop up in many DUI cases, and your criminal attorney will know and exploit those issues to your greatest advantage. For example:
Probable Cause – This term is connected to the reason for the roadside stop. Law enforcement has to have a legitimate reason for pulling you over. If you were not stopped for a good reason, everything that occurred after that is inadmissible. For example, if you broke a traffic law and were pulled over, that is probable cause. If law enforcement thought your vehicle looked suspicious, that is not probable cause. Probable cause comes into play in regard to sobriety testing as well. They must have reason to believe that you are under the influence before testing you.
Field Sobriety Testing – This is a group of commonly administered tests done along the roadside. The location where these tests are commonly performed is a big part of the problem with the tests since uneven surfaces can prevent an accurate test. Your attorney will examine the credentials of the officer performing the test, the conditions of the surface, the weather, and the lighting. Your own physical and neurological state of health is another factor that can negatively affect field sobriety testing.
Speak to your DUI defense attorney about your DUI arrest and see that justice is served.