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How Does A DUI Defense Lawyer Successfully Defend Your Case?
Last Updated on: October 8th, 2024
A DUI conviction can have serious consequences in your life. It can lead to license suspension and other similar consequences. Therefore, you must discuss your case with a DUI defense lawyer to increase your probability of winning. Read on to learn how your DUI defense lawyer defends your case.
In this article, you will learn about the role of DUI Defense Lawyers. Apart from that, this article will also inform you about the work of such a lawyer. Additionally, you will also learn how to choose a DUI Defense Lawyer for your case. Hence, to learn more, read on to the end of the article.
How Does a DUI Defense Lawyer Defend You?
The following are the steps that a DUI Defense Lawyer takes to defend your case:
1. Look Into The STOP
A STOP is a police officer?s attempt to pull you over and question you without arresting you. Basically, it happens when the officer suspects you are driving under the influence. Hence, to defend you against a DUI charge, your attorney will investigate how the officer conducted the stop.
Moreover, your attorney might convince the prosecutor to drop or reduce charges if the case is not conducted properly.
For example, consider a situation when an officer stops you for speeding and requests to smell your breath. Also, the officer wants to perform a field sobriety test, such as the one-leg test. However, if you refuse to comply with the test, the officer arrests you.
In this scenario, your attorney can argue there was no probable cause for the arrest. For instance, the attorney will argue that there were no signs indicating intoxication.
2. Question Breathalyzer Test
After an arrest for DUI, you must take a breathalyzer test. The machine measures your blood alcohol content (BAC) in your system and will show a number between 0.00% and 0.20%. However, if the reading is 0.08% or higher, the officer will charge you with a DUI of drugs or alcohol.
In this case, your DUI defense lawyer will question the breathalyzer test you took at the scene of your arrest. Moreover, the lawyer may also argue that the machine’s calibration may have been off.
Generally, experts agree that DUI breathalyzers have an error of 0.005%-0.02%. Therefore, if your reading was 0.08%, the error could lower it below the legal limit.
3. Look Into Your Medical Issues
Some medications cause mouth alcohol and could cause a false positive on the breathalyzer. In this case, a DUI defense lawyer will analyze your medications to see if any are causing mouth alcohol. For example, a breathalyzer test can detect Anbesol, which contains 60% alcohol. Another medication that causes oral alcoholism is an asthma inhaler with albuterol.
4. The Field Sobriety Tests
In some cases, officers give field sobriety tests at the scene of a DUI arrest. They help police officers determine whether you have been driving under the influence.
Basically, there are three tests an officer can request you to take:
- The one-leg stand test makes you standon one leg for 30 seconds.
- The horizontal gaze nystagmus (HGN) test involves checking your eye?s involuntary movement. If it gets pronounced, then it may be because of alcohol.
- The walk-and-turn test involves taking nine steps on the line drawn on the ground. Then, you need to turn and takenine steps back.
Your DUI lawyer might argue there may be factors that affect the test?s accuracy, such as someone having balance issues, dress hindrances, police intimidation, or an uneven surface that causes difficulty performing these tests.
5. The Police Procedures
Your DUI defense lawyer will defend your case to ensure the police followed procedures correctly. However, if there are reasons for the violation of rights, your lawyer will suppress the evidence.
Moreover, the police must follow certain procedures when they arrest you, such as not questioning you without first reading your Miranda rights. However, if they fail, there is a chance your lawyer will get some or all evidence thrown out of court.
Factors to Consider Before Choosing a DUI Defense Lawyer
The following are some of the major factors you need to consider if you want to choose a DUI Defense Lawyer:
- Always look for a lawyer with enough experience since defending DUI is a complex process.
- The lawyer must have enough resources to get access to defending materials. This will help you build a strong defense.
- A good DUI defense lawyer has impeccable communication skills. Check whether the lawyer is able to explain everything to you easily.
- The lawyer must be able to handle your case personally. Hence, make sure that the lawyer has a low caseload.
A DUI Defense Lawyer Will Defend Your Case
Hence, you can see that a DUI attorney defends you and protects your rights. However, before you hire a DUI defense lawyer, understand the extent of the attorney?s knowledge, experience, and dedication.
If the court finds you guilty, the consequences of the DUI will affect your life. For example, you may face a 6-month license suspension, a fine of over $10,000 depending on the state, or you may need to attend a driving school for 3-9 months. Hence, getting a lawyer is the best step forward.
Do you have more information to add regarding a DUI Defense Lawyer? Please share your ideas and opinions in the comments section below.
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