It's easy to assume that law enforcement personnel know what they're doing when they make an arrest. They are human beings, though, and the laws about driving under the influence (DUI) can be complex and confusing for even trained officers in the field. What this means for those arrested for DUI is that every aspect of the stop and arrest must be under heavy scrutiny. Read on to find out what any good DUI lawyer will look for when trying to find holes in the state's case against you.
Get Professional Representation
Theoretically, you have the justice system on your side. Due process means not just that you are innocent until proven guilty but that you are entitled to certain rights. One of the first rights you should take advantage of is legal representation. If you don't already have a criminal law attorney on your side, speak to one as soon as you can. You may be presented with a plea bargain within a week and it's vital that you know what to do with it.
How Did the Stop Come About?
One of the first things your attorney may do is ask you is what happened when you were stopped. This open-ended question allows the facts of the case to come forward and highlights suspicious aspects of the stop. You cannot be stopped if unless you've violated a traffic rule, have equipment issues, have broken a law, or exhibit suspicious behavior. All of the above are known as reasonable cause and problems with that aspect of your stop will destroy everything that might come afterward — such as field sobriety tests and blood alcohol concentration results.
Blood Alcohol Concentration Tests
Law enforcement personnel use a portable device to estimate how much alcohol you are metabolizing in your expelled breath. Like any machine, it must be properly calibrated. The officer has to know what they are doing and the results must be valid. If the reading is .08% or more, you are considered legally drunk and can be arrested. The results of these tests may be used as reasonable cause to perform other tests but must be backed-up with a blood test to be valid in court.
The above is only the tip of the iceberg when it comes to exploring the way your arrest went down and the legality of it. Other issues to explore include the many roadside sobriety tests, the reading of your Miranda Rights, and the handling of blood samples after an arrest. Speak to a criminal attorney to find out more.Share
5 November 2019
I was blessed to have grown up in a home with loving supportive parents. They both worked extremely hard in order for me and my sister to enjoy a better life than they had. Financially, they bought me a new car when I was sixteen. They also paid for my college expenses. Many parents do the same for their kids. They want to provide for them in the present while safeguarding their futures. One way parents can invest in their kids’ futures is by placing money in trusts that their children can utilize when they reach a certain age. A reputable attorney can establish beneficial trusts for your kids. On this blog, you will learn about the benefits of consulting with an attorney about setting up trusts for your children.