DUI Lawyer - How Legal Loopholes Can Help You

A skilled DUI lawyer will know local laws intricately to better serve their clients. The reason why it's so important to have in-depth knowledge as well as be familiar with several past cases is so every possible option can be explored. There are many legal loopholes that can help clients receive reduced sentencing or even have their cases dismissed entirely.

One area where many police make mistakes is when they pull over a driver. An officer cannot stop a person without a probable cause. If there was no infraction, dangerous driving, or other suspicious activity they may have violated the law. If your DUI lawyer can prove that an officer pulled you over illegally, your case may be thrown out of court and you can avoid a conviction. Even if you weave while remaining inside of the marked traffic lanes it is not considered a probable cause, unless you were to have clearly driven between two lanes in an erratic manner. Remember that other conditions can also cause driving difficulties such as poor weather conditions.

How the drug test is administered is crucial to a case. If it can be proved that an officer failed to follow protocol, a client can avoid a conviction. The laws vary greatly by state, which is why it is so vital to choose a DUI lawyer with local experience. In some states, a breathalyzer test can only be administered by someone with a current license to do so. Field tests may or may not be required, and in some cases no breathalyzer can be given until the officer has observed the suspect for a certain period of time. If the person refuses a breathalyzer and is allowed a urine test, it must be performed within a set amount of time. These are just a few examples of the many potential drug test errors.

Did you receive a positive reading on a breathalyzer test that was given properly? There are still defenses that can be used to fight the charge. It must be proven that the defendant was operating the vehicle while intoxicated. If the officer never witnessed the car in motion but found the driver parked and behind the wheel, no crime has been committed unless there is further evidence to suggest otherwise (such as the engine is still running or the keys are in the ignition). Drinking a small but legal amount of alcohol directly before driving can also give an over inflated reading. A DUI lawyer will also investigate to see if the breath tester was working properly, had not been under repair recently, and is the correct model as prescribed by the local laws.

Don't wait to hire a DUI lawyer. They will require some time to gather evidence and put together a defense for your case. Remember to be detailed when explaining your case and everything that happened during and after the police stop. The more information you can provide, especially specifics, the better your chances of a favorable outcome.