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In What Ways Will Your DUI Defense Lawyer Defend Your Case?
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.
Look Into The Stop
A stop is a police officer’s attempt to pull you over and question you without arresting you. It’s done when the officer suspects you are driving under the influence. To defend you against a DUI charge, your attorney will look into how the officer conducted the stop. Your attorney might convince the prosecutor to drop or reduce charges if the case is not conducted properly.
For example, if an officer stops you for speeding and requests to smell your breath, and wants to perform a field sobriety test, such as the one-leg test. If you refuse the test, the officer arrests you. In this scenario, your attorney can argue there was no probable cause for the arrest because no signs indicated intoxication.
Question Breathalyzer Test
If arrested 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%. If the reading is 0.08% or higher, the officer will charge you with a DUI of drugs or alcohol.
Your DUI defense attorney will question the breathalyzer test you took at the scene of your arrest. They may argue that the calibration of the machine may have been off. 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.
Look Into Your Medical Issues
Some medications cause mouth alcohol and could cause a false positive on the breathalyzer. 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.
The Field Sobriety Tests
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.
There are three tests an officer can request you to take:
- The one-leg stand test involves standing on 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 turning and taking nine steps back.
Your DUI lawyer might argue there may be factors that affect the test’s accuracy like someone has balance issues, dress hindrances, police intimidation, or an uneven surface that causes difficulty performing these tests.
The Police Procedures
Your DUI defense lawyer will defend your case to ensure the police followed procedures correctly. If there’s reason to believe your rights got violated, your lawyer will suppress the evidence.
The police must follow certain procedures when they arrest you, such as not questioning you without first reading your Miranda rights. If they fail, there is a chance your lawyer will get some or all evidence thrown out of court.
A DUI Defense Lawyer Will Defend Your Case
A DUI attorney defends you and protects your rights. Before you hire a DUI defense lawyer, understand the extent of the attorney’s knowledge, experience, and dedication.
If found 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.
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