Driving under the influence (DUI) of alcohol is illegal in every state in the United States. However, many people make the mistake of committing this crime.
If you suffer a lapse in judgment and are arrested for DUI, there is no reason to panic. Instead, learn more about the details of your case and how to protect your legal rights.
Some of the details to focus on as you strategize include:
- Probable cause: In other words, did the officer have probable cause to stop your vehicle in the first place? If the answer is no, you can use this as part of your strategy, which could lead to the dismissal of your case.
- Accuracy of the Breathalyzer test: A Breathalyzer test should provide accurate results, but that doesn’t always hold true. For example, improper maintenance and calibration can result in inaccurate results.
- Administration of field sobriety tests: These tests are designed to determine if a person is under the influence of alcohol. However, if the officer neglects to explain the test and/or administer it in the appropriate manner, it can result in failing, despite the fact that you’re sober.
- Evidence: The officer may gather a variety of evidence from the scene. However, they must do so within the legal limits of the law. For example, they can’t pry open your trunk in the hope of finding something that allows them to put you under arrest.
- Rising blood alcohol concentration level: As you consume alcohol, your blood alcohol concentration level will steadily rise. It’s possible that you could have a legal blood alcohol concentration level when pulled over, but an illegal level at the time of taking a Breathalyzer or blood test.
There is no one size fits all approach to defending yourself against DUI charges in court. The way you proceed depends largely on the facts surrounding your case.
Should you find yourself facing DUI charges, don’t hesitate to learn more about the details of your arrest. This will help you formulate a strategy for protecting your legal rights and hopefully avoiding the consequences, such as a license suspension, associated with a conviction.