Factors You Can Potentially Challenge in a DUI Case

 

Once you've been arrested for DUI, everyone's going to tell you over and over how serious the potential consequences and punishments are, and they're correct... However, there are many differente elements of a DUI case that can be challenged by an experienced DUI lawyer. Here are some of the factors that may be challenged by your attorney in a drunk driving case:

 

The Arrest Process Itself

 

Were you read your miranda rights once you were arrested? If not, this may be a factor to challenge in your DUI arrest. (until you are actually arrested by the police, you are not considered to have your Miranda rights in place - this is an important distinction).

 

How about when the police officer asked you to step out of your vehicle and then asked you to perform a series of tests by the roadside, also known as standard field sobriety tests? (SFTS) If these tests were conducted in poor conditions, such as at night, on an uneven surface, next to a busy highway, in the rain, cold, snow, or other unfavorable conditions, your DWI attorney may have a reason to challenge the police officer's interpretation of their results as being flawed by the conditions under which you took the tests.

 

Probable Cause for the traffic stop - unless the police who pulled you over believe you were committing a crime or a traffic offense, they do not have probable cause to pull you over. Depending on what the poilce tell you when they stop you, it may come to light that you weren't pulled over for a valid reason and this may help suppress statements you've made or possibly even invalidate the arrest and prosecution itself.

 

Chemical Tests (Blood, breath, urine) and Various Factors

 

If you're asked to blow into a breathalyzer, give a urine sample, or your blood is taken, this is known as a chemical test. The machines used to test your breath, blood or urine are known to require calibration and a strict procedure on how your sample is collected, stored, and processed.

 

There are many areas where these machines can give inaccurate results, samples may be lost or deliberately not collected properly, and in cases of blood tests, your DUI attorney can have an independent test done to ensure that the blood is yours and that it was collected, stored, and tested properly and went through the right chain of custody.

 

Summary

 

Hopefully by reading the myriad ways in which an experienced DUI lawyer can find items in your case to question and possibly dispute, you will feel a bit better about not simply pleading guilty to your DUI arrest but will have the confidence and courage to fight your DUI charges with the help of a local, knowledgeable drunk driving lawyer.