Many people think that just because they have been charged with driving under the influence, they have few options to get out of a DUI arrest, and little choice but to plead guilty to the charge. Even if they have failed a DUI sobriety test, believing that you have no chance of getting out of a DUI offense is a misconception. An aggressive criminal defense attorney will have many possibilities to get the charge dropped and should be contacted as soon as possible.
Was there a probable cause to be stopped? Law enforcement must have a reason to stop, detain, or arrest for a DUI and if there isn’t probable cause the case can be dismissed. Any evidence obtained will be suppressed.
Was a test administered? Testing used by law enforcement has many flaws. Besides the chance of improper use by an officer, there is instrument malfunction, medication taken by driver, and so on. Breath testing is the most common way to measure a defendant’s BAC but it is not always an accurate because of the fact that a DUI breath test doesn’t directly measure the amount of alcohol in your blood. It measures the amount of alcohol present in your breath and converts that amount to determine the amount of alcohol in your blood. As a result, DUI breath testing is susceptible to a variety of outside influences that can generate an erroneously high BAC reading.
Do you have a medical condition that can contaminate a DUI breath test result? Some examples are GERD, acid reflux, and heartburn. These can cause a false high BAC level.
The United States legal system protects you from answering questions that may incriminate you. Any questions asked at the stop must be preceded by the Miranda Rights being read. If the officer does not do so before asking such questions and after arrest, then your answers may be inadmissible in court.
There are many options for defense and some listed on this post may not be available in each case. Every circumstance of an arrest combined with your criminal history, if any, will have an impact on the strategies used by the best criminal defense attorney. The best thing for anyone who has been arrested for a DUI needs to contact an attorney, immediately.
The Bottom Line: A conviction for a DUI/DWI charge will result in serious penalties and consequences. These include a criminal record, the loss of your driver’s license, high fines, possible jail sentence, and increased insurance costs. For most drivers, fighting the charges and finding all possible ways how to get out of a DUI is the only option. Remember that the prosecution must always prove its case beyond a reasonable doubt. Call me, I will help you. 513-260-2099