DUI or Driving While Intoxicated (DWI) charges can be intimidating and unpleasant. Regardless, there are numerous defensible characteristics that individuals might utilize to refute these claims. Expert legal help can significantly benefit the accused, providing access to knowledge and experience in presenting the most vigorous defense possible under the law.
(Photo : Freepik/Jcomp)
(Photo : Freepik/Jcomp)
Driving Patterns and Good Driving Techniques
Prosecutors often inquire about the defendant's driving pattern during the arrest. Erratic movements such as swerving, jerking, or straying outside the lines are often associated with intoxicated driving. However, a sober driver may exhibit similar patterns due to myriad reasons like fatigue or distractions.
A compelling defense challenges the reliance on driving patterns alone, pointing to good driving habits also displayed during the incident. Using turn signals, making safe lane changes, and obeying traffic signals can help build a case for the defendant.
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Physical Symptoms
Physical indications such as red eyes, slurred speech, unsteady stride, the odor of alcohol on the breath, and a flushed face are frequently cited by officers. However, there are other reasons why an individual may exhibit similar bodily manifestations, such as allergies, weariness, illness, or specific medical disorders. Again, establishing non-intoxication-related causes for these symptoms can weaken the prosecution's case.
Field Sobriety Test
A field sobriety test is a commonly administered method to determine driving under the influence. However, numerous variables may affect an individual's balance and coordination during this test - including shoe type, inherent athletic ability, clothing, fatigue, and anxiety or nervousness.
A good DUI defense can overcome this by revealing these prejudicial variables and questioning the validity and fairness of the field sobriety test.
The Role Of The Breathalyzer Machine
Officers often use breathalyzer machines to determine a motorist's intoxication level. Issues associated with this machine present further opportunities for DUI defenses. Procedural, methodological, or maintenance problems such as incorrect calibration or biased test administration may lead to inaccurate results. Other factors, such as recent use of mouthwash, certain medications, or low-carb diets, can artificially inflate blood alcohol content readings.
Thus, questioning the calibration records of the machine or the test administration procedures can also build effective DUI defenses.
Reasonable Suspicion and Probable Cause
An officer must have adequate suspicion and probable cause to make a DUI arrest. If these standards are not met, it may provide a basis for defense or even reduce the charge.
Assume the defendant can demonstrate that the police officer had no justification for initiating the traffic stop. Any evidence obtained from illegal detention may be suppressed in that case.
The Importance Of Legal Expertise
Addressing a DUI or DWI charge is best navigated with expert legal help. Along with knowledge of the law, lawyers can help the accused explore potential defenses and advise on the best course of action. Sites such as Justia offer comprehensive lawyer directories, assisting in the search for legal help that best suits one's needs.
DUI or DWI charges undoubtedly carry severe legal implications. However, understanding potential defenses under the law and the role of expert legal help can significantly influence the outcome of such cases.
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