Your DUI Case is not Hopeless
Tuesday, May 5th, 2009 at 8:52 pm
A DUI charge doesn’t necessarily lead to instant convictions. Actually, there are many ways to challenge it. If you speak to an experienced DUI lawyer, he or she can assess your case. In many instances, an attorney may clear your record fully, or keep consequences to a minimum at the very least.
Challenge your initial arrest – when you’re arrested by a police officer under suspicion of DUI, he or she should have a probable cause as prescribed under the United States constitution. If your arrest is based solely on a random basis, an anonymous tip, or on “suspicious” reasons such as race and ethnicity, then your DUI lawyer can question this arrest.
Challenge your questioning – upon arrest, officers must read your “Miranda rights,” which is composed of specific rights to remain silent, entitlement to a lawyer, etc. So if you’re arrested and the officer didn’t recite these famous lines, your DUI lawyer’s defense will move towards a violation of your rights.
Challenge your tests – in most states, officers will require a test (urine, saliva, blood, or breath test) to check the level of alcohol in your blood. Even if you failed on these tests, your DUI lawyer can question the functionality and maintenance of breathalyzers, as well as the medical qualification of the person who did the blood alcohol testing. On these grounds, your case is definitely not an instant losing battle.
Tags: breathalizers, dui, DUI lawyer, lawyer, Miranda rights