Defense Strategies For DUI
Criminal Defense Lawyer
A police officer charging you with a DUI is a serious matter and it means that you should get legal representation as quickly as possible. This is not the type of traffic charge you want to face alone. If convicted, you can expect that many aspects of your life will completely change, from your personal relationships to the places you are allowed to visit or work. However, a charge is not a conviction, and criminal defense attorneys want you to know that they are on your side. You will want to ensure that you retain the legal help of an attorney as soon as you can after you have been charged so that they can begin working on the evidence and seeing how they can best defend you.
How can I fight back?
This is a great question because many people who have been charged with a DUI feel hopeless and that there are no options for them. However, an attorney knows your rights and knows different possible defenses that you may not even see yet. A few things they consider:
- The circumstances surrounding your arrest
- Your BAC test
- The traffic stop
Your Arrest. When the police officer arrests you for a DUI, you should know that they are expected to follow protocol when doing so. If they do not (even if one small thing they do fails to meet protocol) then it is possible for a court to declare the arrest to be invalid. You can expect your arresting officer to perform some kind of tests, such as a urine sample or a breathalyzer, but these tests must follow very specific rules, otherwise, they can be thrown out.
Your BAC. To be charged with a DUI, your blood alcohol content needs to be at .08 or above in many states. Thus, for a police officer to know this, they must test the driver. In many states, there are laws known as “implied consent laws,” meaning that when the driver gets on the road they are consenting to a police officer testing things like their blood or breath for alcohol. It is important to note that this test must be conducted within a certain time frame otherwise this may not hold up.
The traffic stop. For an officer to pull you over in the first place, they must have reasonable suspicion to believe that you were endangering yourself or others on the road. So, if they believe you were driving under the influence, they would be looking for signs of swerving or speeding, among others. If the officer had no valid reason to stop you, it is possible to have everything that happened during that stop be invalid.
If you have been charged with a DUI, you should seek the help of a DUI lawyer in San Francisco, CA to see how they can represent you in court.
Thanks to the Morales Law Firm for their insight into personal injury claims and DUI defense strategies.