Whether this is the first time that you have been charged with a DUI offense, or you are a repeat offender, you are no doubt concerned. You know you need to hire an attorney, but you are curious about the potential defenses your DUI defense attorney might use to defend you and your case.
Here are a few of the more common defenses your DUI attorney may use to vindicate you:
1. Illegal Stop by Police
One of the most common defenses used in a DUI case is looking into whether or not the police had sufficient grounds to pull you over in the first place.
A DUI defense lawyer will assess the situation to determine whether the police had probable cause to pull you over.
The police would have probable cause if you had a previous traffic violation, if the vehicle showed a safety defect, or if you had a previous DUI arrest on your record.
2. Sobriety Test Error
If you were charged with a DUI offense, and the sobriety test proved to be invalid as a result of an error, then the DUI defense attorney can ask the court to drop the charges against you.
If the test was not accurately administered, then this could be a claim made to the court of its inaccuracy.
3. Inaccurate Breathalyzer Test
If you had an inaccurate breathalyzer test done and your DUI defense attorney can prove it, then you may be able to have your DUI charges removed.
Your lawyer may question whether the police officer received adequate training to use a portable breathalyzer or whether the breathalyzer device was properly maintained and calibrated.
4. Inappropriate Police Action
A DUI defense lawyer can question whether the arresting office committed any civil rights violations against you.
For instance, if it can be proven that the officer falsified the police report or displayed any inappropriate actions during the arrest or traffic stop, a good DUI defense attorney can attempt to get the charges dropped.
What Are the Potential Consequences?
You could pay thousands of dollars in fines as a first time or repeat offender of a DUI crime. You could also face possible jail time. Your license could be suspended for an undetermined amount of time.
This could affect your livelihood, and cause a huge inconvenience in your day to day life. If the law can establish guilt or you agree to a plea bargain, a DUI defense lawyer can help to reduce the penalty, but you could still have these charges on your record.
Legal Advice with an Experienced DUI Attorney
Working with a DUI attorney can lessen the impact of a DUI arrest. He or she will make sure your rights are protected and defended, and they will work with you to ensure that the negative impact on your life is minimal.
Check out how an experienced DUI defense attorney in Melbourne can provide you legal advice and representation for your unique case.