Driving under the influence, or DUI (for short), is a very serious crime. Because the risks associated with driving under the influence of alcohol can be devastating, many states have enacted stringent laws that punish this type of offenders.
State agencies law enforcement are also very encouraged to make arrests for driving under the influence because these arrests are politically popular and bring money in the criminal justice system. Although state laws vary significantly, there are several widely recognized strategies in the fight against a charge of driving under the influence.
- Hire a lawyer. Criminal defense lawyers in your community will be familiar with the specific laws and DUI defense. Hiring an attorney to represent you in court will ensure that present the best defense for your DUI charge and ensure the best outcome for your situation. References of mouth is a good place to start looking for a lawyer for these charges. The local bar association will also provide a list of lawyers specializing in DUI defense in your community.
- Questions the first arrest. A police officer may stop the vehicle only if it has a reasonable suspicion that you are driving under the influence. Usually, this requires the violation of other traffic law. The officers routinely detain drivers for violations such as missing a signal, drifting over the center line or having expired registration. Study the police report to find proof officer reasonable suspicion that you were driving under the influence. If a judge decides that the officer had no reasonable enough to carry out the initial arrest suspects, he will dismiss your charge of driving under the influence.
- Sobriety test questions. Officers often conduct a sobriety test to gather evidence that a driver is under the influence. If the field sobriety test sample poisoning, often the officer has reasonable grounds to carry out a breath test for alcohol cause. Many people fail sobriety tests for reasons unrelated to the poisoning. For example, a person with arthritis may not be able to move nimbly as required test or visually impaired person can fail the portion of the visual examination of the test.
- Breathe test questions. The results of a machine that tests your breath or breath are damning evidence against a driver accused of DUI. However, the breath test machines must be thoroughly tested to ensure sustained and accurate results. Your state law determines how the machine should be held and how to administer the tests. The results of a team that does not hold properly or a test that is not well managed is not admissible in court against the accused of DUI.
- Questions the credibility of the officer. The officer who made the arrest of DUI will be key state witness against the accused of DUI. The judge or jury will have to weigh the credibility of the statements made by the officer to determine whether the DUI arrest was proper and legal. Conducts a background search officer, including internal grievance and disciplinary records, to uncover evidence of dishonesty official in the past.