Convicted Of DUI? Not So Fast

After an arrest for driving under the influence (DUI), many people think that they will be convicted. However, many people are arrested and get their charges either dropped or reduced. When it comes to DUI cases, it's all about the evidence. Read on to find out how your criminal defense lawyer will attack the evidence that makes up the state's case against you.

Examining the Stop

It begins when the blue lights appear in your rearview mirror. Law enforcement can stop you for several reasons, but there must be a reason. They cannot, for example, pull you over because you are seen exiting a drinking establishment or because you look like someone who might be impaired. If no reasonable cause is found and proven, the entire case could be dismissed.

About the Roadside Sobriety Tests

If law enforcement suspects you of being impaired, they can ask you to undergo a few sobriety tests. These tests don't prove that you are impaired, but are performed time and time again anyway. If you agree to the testing, your lawyer can address each test in turn. All of them, the step and turn, the eye movement test, the one-legged stand, etc., cannot be properly performed if the suspect has any physical or neurological issues.

The Breathalyzer

The portable breathalyzer used by law enforcement at the scene may not be reliable. It may not be properly calibrated and the officer using it may not be well-trained in its functions. The larger breathalyzer at the police station, however, is more accurate and can be more difficult to argue against when it shows you are impaired. However, ask your lawyer about the rising blood alcohol defense when you speak to them.

Blood Draws

This is considered an invasive type of DUI testing and law enforcement may need a warrant to have it performed. If done correctly, blood alcohol results are relatively accurate. However, your lawyer will examine how the blood was drawn, how it was transported to the lab, the temperature of the blood when it was tested, the chain of evidence, and more.  A lot of little details must be perfect when you do a blood draw and depend on the results for a DUI conviction. Urine testing seldom is performed anymore because of its invasive nature, the need for a warrant, and the unreliable results from it.

Speak to a criminal defense attorney about your DUI case. They can help you obtain a hardship driver's license and more.