A charge of a DUI or DWI can be a charge which could make one lose their license, face heavy fines, or in some instances, even jail time. Defending DUI charges could be an arduous task but is not impossible to defend. By using a very prompt, factually accurate defense, the prosecution can be forced to drop charges and prevent or reverse any already done harm to the individual’s license status. You can learn about different types of laws and regulations regarding driving a vehicle along with the possible penalties in case if you disobey them, that on this website: http://www.extramoneyinfo.net
Having a solid defense attorney like Kohlmeyer Hagen Law Office in Rochester could be the solution in getting out of such threatening and looming charges. Your possible defense strategies employable could include:
Table of Contents
Question the stop:
The Fourth Amendment of the US Constitution ensures the protection of an individual from any unwanted and unreasonable search and seizure. Police personnel can only stop a vehicle if it has a definite reason and not random guesswork.
Analysis of the blood sample:
The blood taken from the alleged drunk driver could get contaminated in getting tested for the blood alcohol concentration. Blood samples can get tainted in such a case and would indicate improper and false results.
Inefficacy of field sobriety tests:
An attorney can question the overall efficiency of these tests as they are not accurate when carried out on various individuals. Tests like walking in a straight line, reciting the alphabet, etc., could not be done by overweight individuals, persons with disabilities, and the elderly. These tests are not guaranteed to prove whether a person is intoxicated or not.
Faulty breathalyzer equipment:
The defense can question the breathalyzer machine used by the police officials to establish whether the breathalyzer used at the arrest is accurate in its reading. An expert can cross-examine the device in question to prove its inefficiency in reading results. In case of any indigestion or vomiting, the machine may indicate faulty results. Breathalyzer machines rely on the ratio of alcohol in the blood to the alcohol in the lungs; due to no consistency in the physiology of human beings, such “standardized” ratios could be wrong.
Failure to right to legal counsel:
DUI/DWI arrests are criminal, and hence the arrested individual has the right to seek an attorney before or after getting into custody. Any delay in availing of such a constitutional right could be grounds for dismissing the case due to the non-availability of legal counsel.
If you or your loved ones are charged with DUI, get in touch with your lawyer immediately to work on the proper steps ahead for your case. You can learn about the possible consequences of drinking and driving, on this website: http://www.help-investor.com