Many of those arrested for driving under the influence (DUI) wonder about the validity of their charges – and they should. DUI cases rest on evidence and it does not take a lot of uncertainty for DUI charges to be dropped or reduced because of skimpy evidence. If you have been arrested for DUI, ask yourself the following questions and speak to a criminal defense attorney for some answers.
- Did law enforcement have probable cause to stop you? Some stops by law enforcement start off with curiosity regarding behavior. For example, a suspect might be observed driving far too slow for conditions. Other valid reasons to make a stop include equipment issues, like a taillight out, or when a traffic law is broken. Some DUI suspects fail to come to a complete stop or they fail to maintain a lane of travel. However, you cannot be stopped without cause, even if it's not related to your DUI charge.
- Did law enforcement have probable cause to perform sobriety testing? Signs of possible impairment should be noted in the arrest report and include odors of alcohol, open containers, slurred speech, and more. Law enforcement cannot perform sobriety testing without cause.
- Were you read your Miranda rights? You should not be questioned or detained without being read your rights.
- Were you offered an opportunity to contact an attorney? Everyone should be informed of this right. Once you ask for representation, anything said after that is inadmissible until the attorney arrives.
- Were the breathalyzer results accurate? All types of breathalyzer devices should be properly calibrated with the testing performed by a certified officer. Your attorney can have an expert testify to the margin of error in readings, the rising blood alcohol theory, and more.
- Do you suffer from a physical or neurological condition that could invalidate field sobriety test results? Tests like the walk and spin and others rely on subjects being perfectly fit. Balance problems, weakness in the legs or on one side only, language barriers, and many other issues can skew the results of these roadside tests.
- What about the chain of custody for the blood draw? Many suspects wrongly assume that a blood draw to determine intoxication is performed, transported, and stored properly. Your attorney will find out if that is true or not.
Don't allow the state to pull the wool over your eyes. You can fight your DUI charges and win. Speak to a DUI defense attorney to find out more.
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