3 Defenses Your Attorney Will Use To Fight An Illegal Arrest Or Charge For DUI
Many people face harsh DUI penalties since they are unable to prove their innocence accurately. You could make a mistake when handling a DUI case if you fail to seek legal help from a lawyer.
Therefore, it is best to hire a DUI attorney to fight for you after getting arrested for drunk driving. They will start by evaluating your case to determine the possible consequences you might face and the defense to employ. This article looks at tactics your lawyer might use to help you evade harsh punishment.
Someone Else Was Driving Your Vehicle
Essentially, the police should arrest the intoxicated motorist and not the passengers, even if they are drunk. Your lawyer can use this legal provision when fighting your arrest. For instance, they may argue that you paid someone to drive you home after realizing that you could not navigate your vehicle. In that case, they will challenge the prosecutor to provide evidence indicating that you were driving the car during the arrest. If they don't provide compelling evidence, your lawyer will request a dismissal of the case from the judge.
The Arresting Officers Used Inaccurate Field Sobriety Test Procedures
Some sobriety test procedures may not provide accurate results, especially if you're suffering from a medical condition that affects your balance. You may also face challenges undertaking some tests like pivoting one foot if you're elderly.
You have a right to challenge the sobriety test results in such situations. Through the help of your lawyer, you can argue that the police confused your condition for being intoxicated. Besides that, your attorney can object to the use of the field test findings if the police administered the tests on an uneven surface. The test results could also become faulty if you wore constricting shoes or high heels or took the tests in rainy or windy weather.
The Arresting Officers Confused Your Medical Condition with Intoxication
Some health conditions display signs similar to those exhibited by intoxicated individuals. If you suffer from such a medical problem, your lawyer will provide medical records showing the similarities in the symptoms. These records will demonstrate that the police confused your slurred speech, red eyes, or alcohol odor for intoxication. Then, your attorney can request the judge to set you free since the arrest was a mistake.
You have a right to defend yourself after being arrested for DUI. But you'll need to use the opportunity maximally by hiring a lawyer since they are proficient with DUI cases. They will use the three defenses above and anything else to bring your much-needed freedom.
Contact a DUI attorney for more information.