Tuesday, December 15, 2015

What are the common DUI defense strategies?

A DUI charge does not necessarily mean a DUI conviction. If you act quickly and appoint a criminal defense lawyer and get started building a fool proof defense, then you may well stand a fantastic chance of defending yourself against the claims of the prosecution and even beating your DUI charge completely.

There are many DUI defense strategies that criminal defense attorneys often employ to protect their clients from a possible DUI conviction. What you need to understand in terms of a DUI arrest is that there are a plethora of conditions that need to be met by the arresting officer. To begin with, the arresting officer needs to have a reason to pull you over.

Secondly, he should have some probable cause for suspicion to be able to subject you to sobriety testing. Similarly, there are many other things an officer has to abide by. Consequentially, there are many ways in which a DUI charge can be beaten.

Probable Cause for Arrest

According to criminal defense lawyers, the constitution in America prevents law enforcement from unreasonable arresting us. Therefore, when an arrest is made, the arresting officer needs to have a fantastic reason\cause for doing so. This is one of the things that maybe challenged in a DUI trial by the defendant in order to beat his\her DUI charge.

Things like gut feeling or a hunch is not considered probable cause. There needs to be some evidence. Some of the things that qualify as probable cause are – if an officer see’s an open container of alcohol inside the car, if the officer smells alcohol on the person, if the suspect’s eyes are blurry and his speech is slurred, etc.

Getting a speeding ticket is no fun. Getting a DUI is even worse. But it is not the end of the world. You have some legal avenues to take. Contact a criminal defense lawyer and work with them to try to fight these charges. Just because you were written up for a DUI does not make you a member of ISIS or some criminal illegal alien committing terrible crimes. Go right here http://criminal-defense.usattorneys.com/ to put yourself on the right track.
If you feel that the officer arrested you without any solid evidence, you may have a strong case and every reason to consult a criminal defense lawyer without any more time spent.   

Probable Cause for Pulling You Over

Not only does the officer require probable cause to arrest you but also requires probable cause just to be able to pull you over, thanks to the constitution. Unless you drive through a DUI checkpoint, law enforcement officers can only pull you over if you violated a traffic law (speeding, jumping a red light, not maintaining the lane) or if your car plates come back as stolen/expired.

Yet again, if you feel you were pulled over for no apparent reason, then you can have your case dismissed by arguing this point.


Recent scientific studies have shown that breathalyzer machines are not accurate. Not only are they not accurate but actually depict breath alcohol content and not blood alcohol content. Furthermore, these machines require careful and diligent calibration before being used.

Considering all of this, breathalyzer machine results or evidence derived from a breathalyzer may be questioned and easily disproved with the help of a criminal defense lawyer. Likewise blood and urine results may be skillfully challenged as well.

Do not assume anything. You are not a lawyer. What you think they can do and cannot do is not going to be an accurate assessment. When you seek legal help and explain to them what happened they will determine how to attack this case. They will take the information that you have accumulated to bolster your case and order up some materials and documents as well while formulating a plan. This legal representative may not be your BFF but could be the most important person in your life right about now. Let them do their work and stay out of trouble meanwhile! 

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