Understanding Your Rights

How A DUI Attorney Examines A Case

According to the U.S government's Bureau of Transportation Statistics, more than 1.4 million DUI arrests are conducted in a year. While the government has an honest interest in preventing alcohol-related highway accidents, drivers also have the right to know that they won't be needlessly subjected to traffic stops without good cause. If you have questions about how to protect your rights following a traffic stop, you should look at your case the way a DUI lawyer would.

Presenting a Defense

There are three fundamental defenses against a DUI charge. First, you can assert that you were not, in fact, intoxicated. Second, you can demonstrate the police did not have reasonable suspicion to stop you. Third, you can show that some aspect of the process leading up to the arrest was flawed.

Not Intoxicated

As is the case in most criminal matters, it's best to be able to say you simply didn't do the thing you were accused of. Common arguments against DUI claims are usually grounded in biochemistry. For example, a high breathalyzer reading might come from auto-brewery syndrome, a disorder where the body produces loads of alcohol on its own. Similarly, some might falsely test positive for opiates after eating poppy seeds.

Lack of Reasonable Suspicion or Probable Cause

The police are not legally allowed to just pull over motorists because they feel like. In traffic stops, the cops have to note something relevant, such as a driver repeatedly going over the yellow lines or weaving around. This is considered reasonable suspicion, and it allows a cop to initiate a brief stop to determine whether someone might need to be tested for intoxication.

Probably cause has to be more specific. For example, your vehicle might match one that was seen fleeing the scene of a hit-and-run. If a DUI attorney can prove the police had no reason to stop your vehicle, it may be possible to get the charges thrown out.

A Flawed Arrest

Rules governing traffic stops are fairly detailed. The police have to have suspicion someone is intoxicated in order to administer field-sobriety tests. Likewise, the cops have to regularly check the accuracy of their equipment and to verify that recalls of devices haven't occurred.

Every bit of this process is required to be documented. Your DUI lawyer can demand the cops turn over equipment logs, arrest reports and even body and dash cam videos that might raise questions about the sobriety tests. 

Visit a website like https://dlplawyers.com/ to learn more.