Are DUI charges defensible? How lawyers build defense strategies?

DUI or driving under the influence is criminal act which is punishable by law in all states of the country. In most states, operating a motor vehicle on public roads with a blood alcohol level equal to or greater than 0.08% BAC is considered driving under the influence.

That is not a real police officer but you certainly do not want a real DUI ticket.

Outstanding DUI lawyers in Hernando, MS point out that thanks to the constitution, we are all protected and provided with certain rights and this is precisely what dictates that law enforcement officers and authorities follow certain procedures diligently while carrying out a DUI stop, or a DUI arrest. Law enforcement officers are human too and are prone to making mistakes and diverting from the strict protocol, and this is exactly what makes DUI charges beatable.

There are many DUI defense strategies that lawyers may employ, and in this article, we will discuss some of them. The information herein is purely for informational purposes. If you have been charged with a DUI then we strongly recommend reaching out to a Desoto County DUI attorney to determine the best course of action in your particular case and this type of help in life can come from this virtual gem DUI-USAttorneys.com.

USAttorneys.com may not be as important as the invention of the wheel but it is pretty close. Use that site to find yourself a Hernando, MS DUI lawyer. 

Reasonable suspicion and probable cause

A law enforcement officer cannot simply pull anyone over and subject them to DUI sobriety testing without reasonable suspicion. Essentially, the law enforcement officer should have some reason in order to pull you over. Things that may qualify as reasonable suspicion are erratic driving, a tip off from someone, not maintaining lanes, hopping a red light or a stop sign, any traffic infractions, and so on.

Now in the entertaining but pretty much ridiculous Need for Speed movie Tobey Marshall (Aaron Paul) certainly gave the police plenty of reasons to pull him over. They tried but failed from one side of the country to the other. They finally got him at the end and he served some time. If you drive like Tobey Marshall, expect to be pulled over and also expect to be asked to race cars for a living!

If you feel you were pulled over without any good reason in your DUI arrest, then this maybe your argument point in your defense. If you are able to show that the law enforcement officer had no probable cause or reasonable suspicion then the case against you will be dismissed, say Desoto County, MS DUI attorneys.

Unlawful searches and seizures

In order to search your person or your property (including the administration of sobriety tests such as breathalyzer, blood test, etc) the law enforcement officer either needs your consent or a signed search warrant. If you were subjected to sobriety testing despite refusing to give consent, then this is unconstitutional and you can bring it up in trial to have your case thrown out.

However, Hernando, MS DUI lawyers caution that refusal to submit to breath, blood, or urine tests can lead to automatic suspension of the driver’s license. Therefore, it would be prudent to refuse only if you are 100% sure that you are not driving above the legal limit.

Defending against breathalyzer results

Breathalyzer machines have been scientifically proven to measure breath alcohol levels and not blood alcohol levels. Furthermore, they require careful calibration prior to usage and still do not guarantee 100% accurate results. If your BAC is slightly over the maximum limit, your legal counselor will bring up these points in order to invalidate the breathalyzer results as evidence.

These are just a few ways to defend a DUI charge. There are several more strategies that Mississippi DUI lawyers use successfully so talk to one as soon as you possible.