Here’s How You Can Fight Your DUI Allegations and Protect Your Future
Facing DUI charges can be life-changing. The consequences range from fines and license suspension and higher insurance premiums to a possible jail term. These factors can severely affect your career, reputation, and future.
However, being charged with a DUI doesn’t automatically make you guilty. There are some ways you can challenge these allegations.
In this article, we will discuss strategies to fight DUI charges.
When it comes to fighting a DUI charge, securing experienced legal representation is the first step. When choosing a DUI defense attorney, opt for someone who understands the local laws and procedural requirements.
Consulting a lawyer as soon as possible ensures they have more time to collect necessary evidence and identify weaknesses in the prosecution’s case. They will also ensure all deadlines, like filing for a hearing to contest your license suspension, are met.
Your lawyer will also guide you on avoiding mistakes that can negatively affect your case. Additionally, early legal intervention gives you peace of mind during such stressful times.
A strong defense often relies on keenly evaluating the evidence presented against you. DUI allegations are mostly based on tools like breathalyzers and field sobriety tests, which are not foolproof.
When breathalyzers are not well maintained and properly calibrated, they may not display accurate results. These devices work by assuming the ratio of alcohol in your breath to that in your blood. These ratios vary depending on gender, health, and even body temperature.
Medical conditions like acid reflux and diabetes can create elevated BAC levels. You can use these factors to challenge the evidence.
These tests include the walk-and-turn or one-leg stand. Field sobriety tests are influenced by many factors like:
● Fatigue
● Uneven surfaces
● Physical impairments
An experienced attorney can challenge whether these tests were administered correctly or unfairly influenced by other external factors.
For a DUI arrest to hold in court, law enforcement must provide cause as to why they thought you were impaired. These include observations of erratic driving, overspeeding, or running a red light. Arresting someone without reasonable suspicion can lead to charges being dismissed.
However, an attorney can question the probable cause of arrest. Erratic driving can be argued to be due to an inexperienced driver, distractions, mechanical failure, or an unfamiliar road. A lawyer can argue that slurred speech was because of stress or medical conditions and not drug impairment.
Additionally, you can also challenge procedural issues like whether the police followed the correct protocol during the arrest. Factors like an improper stop and not informing you of your rights can affect the validity of the arrest.
The chain of custody for test samples must be maintained. If the prosecution cannot prove your breath or blood sample was handled correctly, you can question accuracy and reliability.
Reviewing dashcam and bodycam footage can reveal any inconsistencies in the officer’s account of the incident. This evidence can expose errors, which will help you fight DUI allegations.
Even though facing DUI allegations can be overwhelming, it is important to remember there are options to fight the charges and protect your future. By acting quickly and leveraging legal expertise, you can build a strong case that can reduce or even dismiss the charge.
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