Facing a DUI charge could lead to serious consequences. You may have to pay large fines, be incarcerated for a period of time, and get your driver’s license suspended if you are convicted. Having a DUI conviction listed on your criminal record may make it difficult to travel and obtain certain jobs. Fortunately, there are defenses that can be used in DUI cases.
Invalid Traffic Stop and Arrest
A police officer must have reasonable suspicion to believe that a traffic violation or crime has occurred based on the driver’s behavior. The driver may be swerving erratically between lanes or driving at a rate that exceeds the speed limit. Once the officer has stopped the driver, there needs to be sufficient evidence to arrest and charge the driver with DUI. If the court decides that the arrest wasn’t justified based on the totality of the evidence, the charges may be dismissed.
Providing as much detail as possible to the DUI attorney about what transpired during the traffic stop is imperative. If the attorney determines that the police officer didn’t follow proper procedures, it could improve your chances of getting a favorable outcome in the case.
Failure to Properly Administer Field Sobriety Test
When a police officer suspects that you are driving under the influence of drugs or alcohol, he may choose to adminster a field sobriety test. If the officer doesn’t give the test according to the guidelines established by the National Highway Traffic Safety Administration, the dui attorney fairfax va could request the results not be submitted as evidence.
Having a physical impairment such as lower back pain or knee problems could prevent you from passing the field sobriety test. Other factors that could compromise your ability to successfully complete a field sobriety test include poor body coordination skills, walking on an uneven road surface, and bad weather conditions.
Unreliable Breathalyzer Test Results
If the breathalyzer hasn’t been properly calibrated, the results could be inaccurate. Being on a diet or having diabetes could cause the breathalyzer to provide inaccurate test results. Using the breathalyzer immediately after belching, burping, or experiencing acid reflux could also compromise the test results.
There may be several valid reasons to contest DUI charges. Building a strong defense requires comprehensive knowledge of DUI statutes and criminal procedure. A DUI attorney can evaluate the specific facts of your case and guide you through every step of the legal process.