No one ever thinks that they will have to deal with a DUI charge but police arrest people every day for driving under the influence or driving while intoxicated. If you are ever in a situation where you are facing these types of criminal charges, you should contact a DUI lawyer. An experienced DUI lawyer has the expertise to assess all of the facts of your case and prepare an effective defensive strategy. Visit this link to learn more about DUI defense.
If you are pulled over and are suspected of drunk driving try to remember everything that transpires between you and the police officer. The police officer needs to establish probable cause prior to arresting you for a DUI. Probable cause is based on observations and factual evidence. For instance, a driver who has alcohol on his breath, slurs his speech, and swerves erratically on the road are indicators that the driver might have been drinking alcohol and is not in a condition to safely operate a vehicle. If the police officer notices these things, he or she can administer a sobriety test to establish if the driver is intoxicated. If the police officer didn’t have probable cause to initiate the arrest then it is possible get the charges dropped.
The validity of the breath test results can be disputed if the equipment is defective or the police officer doesn’t know how to use the equipment properly. Faulty breathalyzers inflating the amount of alcohol content in a driver’s body is not an uncommon occurrence. The field sobriety tests can also be questioned. Was the field sobriety test performed in a well-lit area so that the police officer could see you clearly? Was the surface of the street or sidewalk level so that you could perform the test with relative ease? If the police officer did not follow proper procedures or if the test results are inaccurate, the evidence can be deemed inadmissible.
You are not required to take a field sobriety or breathalyzer test, but in states such as Virginia and Maryland a refusal to take the test will result in an automatic suspension of your license. You will have the opportunity to contest the license suspension in an administrative hearing. A DUI lawyer can represent you at the administrative hearing and challenge the license suspension based on the facts of your case.
Did the police officer state the Miranda rights to you? If you are in police custody, the police officer is required to inform you of the Miranda rights prior to asking questions. The police officer must let you know that you don’t have to answer their questions. If you speak with the police officers the information will be used against you. You can request to have an attorney present prior to answering any questions. If you can’t afford your own attorney, one will be appointed to represent you. If you were not notified of this information by the police officers it is a violation of your Constitutional rights. The prosecutor won’t be able to use anything you said as evidence against you.
Getting arrested for DUI can be very stressful. You will have a greater chance of successfully fighting the charges by retaining a qualified DUI lawyer. Schedule a free consultation with a DUI lawyer who can evaluate your case and help you get the charges reduced or dismissed.