DUI Attorney and the 5 Points of Common Defense
If you hire a DUI attorney to handle your defense after being arrested for drunk driving, you stand a much better chance of having your rights upheld than if you choose to go it alone. Here are five common points of defense that a good lawyer will look at.
It's entirely possible that you were pulled over without any good reason. This is an area where you can really benefit from having a DUI attorney take a look at the facts of the case. If you don't bring up your objections in court, there won't be any reason for a judge to look closer at any procedural laws that may have been violated.
In most situations, there are roadside tests the police are allowed to give you and your refusal to take these tests can result in your immediate arrest and the confiscation of your driver's license. However, there are other tests that you do not have to submit to. It pays to know which are which if you're getting behind the wheel, but improper and flawed testing is another point of defense a DUI attorney may wish to explore.
No Probable Cause
To arrest someone in this country, the police need to have probable cause. If you can demonstrate that no such cause was present, your case may have to be thrown out entirely. Of course, the law can be very flexible and complicated when it comes to probable cause, so it pays to have an experienced DUI attorney on your side.
A breathalyzer test is one of the most common ways for the police to assess your blood alcohol level, but these machines aren't perfect. A DUI attorney will be interested in looking at the machine, determining when it was last serviced and calibrated, and ensuring that the results were correct.
Were you read your rights when you were taken into custody? Were tests determining your state of inebriation done before or after your arrest? These questions and others can go towards figuring out whether or not you were illegally arrested.
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