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Explore General Legal Issues

How A Lawyer Will Help Fight A DUI

by Ralph Griffin

Are you facing a DUI charge and do not know what to do? Here are some defenses that a lawyer will use to help prove your innocence. 

Challenge the Initial Police Encounter

One thing that you may not be aware of is that the initial police encounter must have been legal in order for you to receive a DUI. In order for a traffic stop to be valid the police officer must have a suspicion of criminal activity that can be articulated and reasonable. This means that a police officer must be able to explain the circumstances surrounding why they pulled the person over, and have that circumstance be justifiable for a traffic stop.

For example, if an office saw you weaving in the road one time, that may not be enough to justify a traffic stop, since you may have been avoiding something in the road. However, if they followed you for a mile or two and observed several odd behaviors, that could be a reason to pull you over. 

Since DUI trials do not happen until many months after the arrest, it's possible that the officer will not have the details they need to recall what happened. If not, this could be used to dismiss your DUI.

Challenge the Probable Cause Of Arrest

A police officer doesn't need to prove that you were under the influence when they arrest you, but simply have a suspicion. This is commonly done by using field sobriety tests. They'll have you perform a test, they will observe what they saw you do, and present this information as to why they arrested you. 

It's possible that an officer did not have probable cause to arrest you, which creates a situation that benefits you. The evidence that is collected after an arrest without probable cause can be dismissed as being collected illegally. This could include breathalyzer tests or blood tests collected after an arrest. If there was not a valid reason to arrest you at the time of the arrest, then you should not have been arrested. 

Challenge the Evidence

There are many ways that evidence can be challenged to prove your innocence. For example, BAC levels can rise over time, causing a test that happens later at the police station to be higher than what it was at the time you were arrested. This can happen if you have a drink immediately before driving. You still may be capable of driving their vehicle and have BAC levels below the legal limit, but are not tested until much later when your BAC levels have risen. 

For more information, contact a DUI attorney in your area.