Can a lawyer really put up a solid DUI defense for me?

For the most part, DUIs are statistically speaking the most beatable criminal charge in the American judicial system. When it comes to DUI arrests and charges, prosecutors and law enforcement officers are to diligently follow several sequential procedures, failing which it is possible to beat the charge by invalidating the evidence or the whole case itself.

New Orleans, LA DUI lawyers know how to win cases. There are no guarantees but solid legal help can be sure you are not cheated. 

However, to be able to stand a chance of defending yourself against relentless prosecution, you will most certainly require the undivided assistance of a legal counselor. In this article, we will look at some of the most popular defense strategies employed by New Orleans, LA DUI lawyers in order to beat the DUI charges.

Questioning the legality of the stop itself

To begin with, in order for a law enforcement officer to pull you over, he or she must have reasonable suspicion that you are violating a law or are about to violate a law. The law enforcement officer cannot simply pull you over without reason. Therefore, even if the prosecution has toxicology reports and other concrete evidence to suggest that you were in fact driving under the influence, if they are not able to specify the reasons for the stop, then the whole case can be thrown out by the court and the charges dropped, in the opinion of Louisiana DUI attorneys.

You cannot get a DUI if you drink water. If you are drunk, do not start your car, sleep a few hours in your vehicle. 

The only exception to this law is when the stop is as a result of the driver knowingly entering a DUI checkpoint and then being stopped and tested for sobriety.

Consent related defenses

Thanks to the constitution, as American citizens we are protected from unlawful seizures and searches. For a law enforcement officer to be able to search your property or person, he or she will either require an attested search warrant or the consent of the suspect.

Now in the movie Crash what Officer John Ryan (Matt Dillon) did to Christine Thayer (Thandie Newton) was totally ridiculous and he should have been tossed into prison for that. Now this behavior is very rare and the fact that he got away with it is even more disturbing. Now you really do not have to worry about this since most cops are not twisted but if an officer does make a mistake regarding pulling you over then your legal representative needs to know about it.

Therefore, you are within your civil rights to decline or refuse to submit to any sobriety tests. However, if you are still subjected to these tests then they are considered unconstitutional and can therefore be invalidated and the charges against you will be dropped. However, many states like Louisiana have implied consent laws where if you refuse a breathalyzer test then your driver’s license may be immediately suspended.

Challenging the accuracy of sobriety tests

Breathalyzer machines actually record breath alcohol content and not blood alcohol content. Furthermore, breathalyzer machines also need to be pre-calibrated or will provide erroneous results. These are viable points that New Orleans, LA DUI lawyer can and will bring up if the only evidence against you is a breathalyzer test result.

Field sobriety tests also are not flawless. Many people suffer from physical impairments (which do not mean they cannot legally drive) and therefore may fail several field sobriety tests such as the one leg stand, etc. even when they are stone cold sober.

The bottom line is that DUI charges can be beaten. All you need is a marvelous Louisiana DUI lawyer on your side. Think you are out of luck? You are not! Press right here DUI-USAttorneys.com. Christmas just came early!