3 Ways a DUI Defense Lawyer Can Fight For Your Release

In cities small and large across the country, the DUI defense lawyer is likely to have his hands full when it comes to clients. While drinking and driving has long been one of the most demonized crimes in America, millions of people still get behind the wheel each year while under the influence. Here are three ways a good attorney will fight in court.

In cities small and large across the country, the DUI defense lawyer is likely to have his hands full when it comes to clients. While drinking and driving has long been one of the most demonized crimes in America, millions of people still get behind the wheel each year while under the influence. But just because a lot of people make a lot of bad decisions doesn’t mean that innocent people don’t get caught up in the trap. But innocence isn't the end all-be all of the court system in any case. An attorney is there to not only fight for your release, but to see that your rights are protected. To keep the prosecutors and police honest. Here are three ways a good attorney will fight in court.

Investigating the Stop
Most charges of drinking and driving begin with an initial traffic stop. This is where a DUI defense lawyer will begin their investigation and, if possible, bring in evidence to present before a judge or jury. Reasonable suspicion is a prerequisite in most districts to stop a person on the road. This means the police officer must have some reason for pulling you over. A hunch is not enough. The police report should indicate the reason the officer pulled you over, whether it be a traffic violation, weaving in the road, or something along those lines. If nothing of the kind is documented, it may be enough to have all of the remaining evidence thrown out.

Challenging the Sobriety Test
In more cases than not, the next step in a police officer’s attempt to investigate a case of drinking and driving will be a field sobriety test. If you were given one of these, a DUI defense lawyer may attempt to discredit the results through a variety of arguments. No small portion of the population would be unable to pass these tests regardless of their state of intoxication. If you’ve ever watched a TV show where they have the person say their ABCs backwards, you may have had a jolt of fear, considering you couldn’t do it while stone sober. These are the types of things that can, in some cases, lead to a false arrest.

The Breathalyzer
Police officers will usually have their suspect blow into a breathalyzer machine to determine their blood alcohol level. While these machines are quite accurate, they can go awry if they are not properly maintained. If your DUI defense lawyer has reason to suspect this may not be the case, he can demand to see the records of maintenance for the machine used in your case. If it can be shown that it was not maintained according to specification, it could be call to throw out the results.

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