Do You Need a Lawyer for a DUI
Do You Need a Lawyer for a DUI? The answer is yes, it is worth it.
Getting behind the wheel while under the influence of alcohol or any other intoxicating substance is never a good idea. Besides endangering your life, your impairment puts all other road users at risk as well.
This is why driving under the influence (DUI) is a serious criminal offense, punishable by mandatory time in prison, fines, drivers license suspension, and other harsh penalties. The government will do all it can to ensure you face the law. To defend yourself successfully from a conviction you’ll need the guidance and legal knowledge of an experienced DUI lawyer.
Defenses against a DUI Conviction
One of the most important things that an attorney will do to negate you from criminal liability and protect your freedom is to defend yourself from these charges. A well-presented defense can convince a judge or jury to drop your case, reduce charges, or prevent the suspension of your drivers license.
Not sure how to defend your DUI case? Your lawyer may choose some of the following tactics, depending on the details of your case.
No Probable Cause
The law prohibits a police officer from stopping, searching, or seizing evidence without probable cause. This means that they must have seen signs of reckless and impaired driving to stop your car.
For example, if a police officer pulled you over for a broken headlight, then tested you, that evidence may not be viable because they didn’t have probable cause to test you. Without probable cause, your DUI attorney can file a motion to suppress any evidence collected so that it’s not used to convict you.
Inaccurate Breathalyzer and Field Sobriety Tests
Your lawyer may also dispute the accuracy of the breathalyzer and field sobriety test results. Breathalyzers and other machines like it must be maintained properly to be effective. Besides a breathalyzer error, other factors like temperature and body weight can contribute to inaccurate readings.
If you believe that you were not as drunk as the test claims, your lawyer can consult a forensic expert to build a successful defense.
Denied a Call to Your DUI Lawyer
Everyone arrested for a criminal offense has the right to an attorney to represent them during the interrogation and in court. After a DUI arrest, you should contact your attorney as soon as you get the chance.
But the police may have denied your rights. If this is the case, you may have grounds for dismissal. The police denying you from making the call is a violation of your constitutional rights and is reason enough to dismiss the charges.
No Reading of Miranda Rights
If you watch a show with law enforcement, you may have heard an officer reading the suspect their Miranda Rights during an arrest. This is your constitutional right, too.
Any evidence obtained while under custody becomes invalid if the police did not read you these rights. If your rights are violated like this, your lawyer can seek to have that evidence dismissed from use in the courtroom.
Schedule a Free Consultation with a DUI Attorney
The last thing you’d want after a DUI charge is to face the prosecution without a lawyer by your side. Intoxicated driving is harshly looked upon by the law and so the government will be eager to convict and punish you. Fortunately, a DUI lawyer can choose the strongest defense for your case and work to get your charges reduced or dismissed.
A DUI attorney can investigate, gather evidence, and build a defense strategy that may help you avoid a harsh punishment or even get your charges dropped. When you’re ready to seek out a DUI lawyer, reach out for a free case review from AMA Law by calling 405-708-7789 or filling out our contact form.