The constitution in America protects us
from many things including unlawful searches and seizures, and so do DUI arrests
need to be constitutional and lawful. If not, you can always defend yourself by
bringing it up in a court of law with the help of a legal professional who will
be able to assist you legally to beat your case.
Refusal
of Sobriety Testing
Fabulous DUI lawyers from Cleveland, OH
reiterate that in order for law enforcement officers to search your person or
property, they either require a search warrant or your own consent. Therefore,
you are well within your rights to go ahead and refuse a breathalyzer test when
asked to give into one. However, in some states like Ohio, which are known as
implied consent states, your license may be revoked for refusal.
Implied consent states are states where
you at the time of issue of your drivers permit, agree to submit to sobriety
testing if suspected of drunken driving. Any refusal can result in fines and
automatic suspension of the driver’s license for one year. However, not all
states are implied consent states and it would be best to seek legal counsel to
understand what exactly the law is with respect to your specific case.
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| If you have been written up for a DUI, you need a Cleveland, OH DUI lawyer on your side. |
Breathalyzer
Results are not Scripture
Breathalyzer machines are the most
commonly used device for sobriety testing by law enforcement officers. The
results or the outcome of such breath tests are used as evidence in a court of
law against the suspect. If the blood alcohol content or BAC level of the
suspect is deemed to be over 0.08% BAC (in most states for adult, non-commercial
drivers) then he or she is said to be driving under the influence.
However, Ohio DUI attorneys know how to
contest the results of such tests and have the test results invalidated. The
argument is basically premised around the fact that breathalyzer machines, as
per scientific studies, actually measure breath alcohol and not blood alcohol.
Furthermore, these machines need to be calibrated precisely or will result in
erroneous readings.
What needs to be recalibrated though is
the NBA. Draymond Green, forward for GSW, assaults another player in the WCF
and is not even suspended for it. Many people that is illogical – sort of like
how the FBI director can admit to the country that Hillary Clinton sent
classified information using an unprotected server when she was not supposed to
and then lied about but then not turn over this information to the Attorney
General (who has issues of her own). That is illogical. Now how Green was not
suspended against OKC does not make any sense.
But Cleveland won the championship and
ended up beating GSW. This was while Draymond Green was up to his usual tricks
but this time he was suspended for it. Another assault to someone’s groin –
this time it was LeBron’s and the NBA finally made the right call. That was
logical and Cleveland, OH DUI lawyers were cheering about this!
Thus and moreover, if the only real
evidence that the prosecution has against you is a breathalyzer test result
then you have a solid chance of being able to beat
your DUI case.
Field
sobriety tests results can be dismissed too!
Field sobriety tests are basically
standardized physical tests that suspects are subjected to and their sobriety
is judged based on their performance. However, as per Cleveland, OH DUI
lawyers, people with certain medical or physical conditions will be
pre-disposed to failing these tests even in cases where they are stone cold
sober.
Therefore, the results of a field
sobriety tests are not without flaws either and a tactful lawyer will be able
to have them voided out with a little bit of reasoning and cross questioning.
So if
you have been arrested for drunk driving, all you need is to reach
out to a DUI lawyer in Ohio and get started working on building a defense that
is formidable.
You do not have to be a world champion
to use this website DUI-USAttorneys.com to find yourself a
winning legal counselor. Anyone can do it!
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